Never received closing papers - can the bank still foreclose?

[Guest]

My parents never received their closing papers due to mortgage fraud a few years ago. Forged signatures. Bad notary. Folks went to jail over it. New bank started servicing the loan and has ignored the fraud. Can they still foreclose if my folks never got their closing papers?

[AIMANZUL]

My parents never received their closing papers due to mortgage fraud a few years ago. Forged signatures. Bad notary. Folks went to jail over it. New bank started servicing the loan and has ignored the fraud. Can they still foreclose if my folks never got their closing papers?

wait a minute - who forged the papers ?

[Guest]

 

My parents never received their closing papers due to mortgage fraud a few years ago. Forged signatures. Bad notary. Folks went to jail over it. New bank started servicing the loan and has ignored the fraud. Can they still foreclose if my folks never got their closing papers?

wait a minute - who forged the papers ?

 

The agent. He went to jail for it.

[AIMANZUL]

 

 

My parents never received their closing papers due to mortgage fraud a few years ago. Forged signatures. Bad notary. Folks went to jail over it. New bank started servicing the loan and has ignored the fraud. Can they still foreclose if my folks never got their closing papers?

wait a minute - who forged the papers ?

 

The agent. He went to jail for it.

What I mean was "what papers were forged, what was the purpose....to get a higher rate for your parents and make more commission? or what....what were the specifics please?. Thx

[Guest]

 

 

 

My parents never received their closing papers due to mortgage fraud a few years ago. Forged signatures. Bad notary. Folks went to jail over it. New bank started servicing the loan and has ignored the fraud. Can they still foreclose if my folks never got their closing papers?

wait a minute - who forged the papers ?

 

The agent. He went to jail for it.

What I mean was "what papers were forged, what was the purpose....to get a higher rate for your parents and make more commission? or what....what were the specifics please?. Thx

 

The refinance papers... of course it was for him to get a higher commission. His scam was equity skimming.

[doodlebugger]

Can your parents send a response to the foreclosure papers asking for validation of the documents proving ownership or something like that? Have they consulted the lawyer involved in the case where the people went to jail over it?

[Guest]

Can your parents send a response to the foreclosure papers asking for validation of the documents proving ownership or something like that? Have they consulted the lawyer involved in the case where the people went to jail over it?

 

Yes, they've drained their savings on incompetent lawyers on the case. The DOJ sent the people to jail, but the small law firm where we were was too scared to go up against the big banks.

 

Anything bad about asking for validation documents? I guess they may of called of the foreclosure for now...

[doodlebugger]

If they received any kind of summons from the courts regarding the foreclosure, they need to respond asap. I went through this, and was able to keep the foreclosure from happening for over two years until the bank finally agreed to a modification. They can do it themselves, but you should research the laws in your state and then research possible ways to combat the foreclosure. By sending a letter to the court and asking the bank to validate the documents as being original, that bought us a lot of time, and as a result, the local lawyer handling the case for the bank did not respond in time on several occasions, so the judge finally denied their motion. It went back and forth like that for a while and now they have dropped the foreclosure and given us a modification. I would think in this situation if you asked them to present the original documents, and then your parents sent a letter to the courts describing the circumstances regarding the document signatures, then perhaps you would have some standing to get the foreclosure denied, or at the very least, buy some time until you come up with another possible solution. The worst thing they can do in a situation like this is nothing. They have to do something, stay proactive, and understand the law in their state if they can't afford to hire an attorney. Good luck!!!

[Guest]

If they received any kind of summons from the courts regarding the foreclosure, they need to respond asap. I went through this, and was able to keep the foreclosure from happening for over two years until the bank finally agreed to a modification. They can do it themselves, but you should research the laws in your state and then research possible ways to combat the foreclosure. By sending a letter to the court and asking the bank to validate the documents as being original, that bought us a lot of time, and as a result, the local lawyer handling the case for the bank did not respond in time on several occasions, so the judge finally denied their motion. It went back and forth like that for a while and now they have dropped the foreclosure and given us a modification. I would think in this situation if you asked them to present the original documents, and then your parents sent a letter to the courts describing the circumstances regarding the document signatures, then perhaps you would have some standing to get the foreclosure denied, or at the very least, buy some time until you come up with another possible solution. The worst thing they can do in a situation like this is nothing. They have to do something, stay proactive, and understand the law in their state if they can't afford to hire an attorney. Good luck!!!

 

Thanks for your thoughts and also your experience. Unfortunately my parents live in a state where foreclosures can take place non-judicially. In other words, the bank doesn't need to go to court to get the house. They can simply just foreclose, and do a Sheriff's sale.. If they can live out the statute of limitations, do you think that is an option for them to keep their house?

[doodlebugger]

I wish I could answer that but I have no idea. Without a lawyer, it's hard to say. Can they try to find someone based on their income? Maybe check with a legal aid service? From what I have read, the only way non-judicial foreclosures work is that they have to give notice to your parents before the sale. Do they have a deed of trust or power of sale clause? If they have a traditional mortgage, then they are not supposed to be able to foreclose that way. I think the issue here is to determine who actually owns the house, what is legally owed, and the best way to do that is to send the new bank a certified letter (with return receipt/signature as proof) along with any legal documentation on the mortgage fraud, and ask them to validate the debt and prove that they have a legal right to foreclose. At least that is what I would do......but make sure to do research. Google search your state, foreclosure laws, and mortgage fraud. There is likely someone out there who will be able to give better help than me........I'm not an expert, but I have to say that waiting it out is not a good option. You have to be proactive if you want to save the house.