Steve
Corona,#2Consumer Suggestion
Tue, May 16, 2006
Dan is correct about what company to look at. The reason for an escrow company/title company to be involved with a mortgage transaction is they are the "third party" or "disinterested party". They do the title search, arrange for the title insurance policy to be issued, carry out the lenders instructions to the "T". Part of their task is to finalize a transaction and make sure all the rights of the parties involved are protected in this transaction. Just from what I have read about your problem, I would be looking very hard at the title company's involvement and at what they did or didn't do properly. There are undoubtedly several issues working here, but if a fraudulent transaction was allowed to be completed, the title company was right in the thick of it.
Steve
Corona,#3Consumer Suggestion
Tue, May 16, 2006
Dan is correct about what company to look at. The reason for an escrow company/title company to be involved with a mortgage transaction is they are the "third party" or "disinterested party". They do the title search, arrange for the title insurance policy to be issued, carry out the lenders instructions to the "T". Part of their task is to finalize a transaction and make sure all the rights of the parties involved are protected in this transaction. Just from what I have read about your problem, I would be looking very hard at the title company's involvement and at what they did or didn't do properly. There are undoubtedly several issues working here, but if a fraudulent transaction was allowed to be completed, the title company was right in the thick of it.
Dan
Lake Zurich,#4Consumer Comment
Mon, May 15, 2006
You need to contact the States Attorney with everything you have stated AND the Title Company that closed and payed out all the monies from the refinance. As the previous person stated, if you are on title, there is no way a new mortgage could be funded. Your best bet is walking into the States Attorney's office with all your information.
Lori k
North Arlington,#5Author of original report
Mon, May 15, 2006
K - Levittown, Pennsylvania Just to let you know that not only did HFC know that he was married since they were in possession of our "married filing joint" tax returns, my w-2s, our "married filing joint" homestead rebate return and "our" homeowners insurance, but, it appears they neglected to follow the direct instructions of the title to company to "A "valid" mortgage must be signed by.........and signature of "spouse" if any...." As I have stated before, they are simply unethical, immoral and could care less about any state laws. New Jersey law prohibits anyone to extinguish the right of joint possession and equitable distribution of the non-title holding spouse without their consent! These guys are nothing but a bunch of bullies! Well, obviously they never heard that "hell hath no furry like a woman scorned!"
K
Levittown,#6Consumer Comment
Wed, May 10, 2006
Lori - I read your report & I was interested in knowing if perhaps the mortgage company did not know that your husband was married? I am not sure about New Jersey, but I know that Pennsylvania is a "homestead" or marital rights state, meaning if an individual is married & wants to do a home equity loan, refi, etc, the spouse is REQUIRED to sign, whether they are on the application for the loan or not, to acknowledge that there is a lien being put against a property that is half theirs. There are two ways a mortgage company can figure out if there is a spouse ("vested owner") One being that the spouse shows up on the title report. The second (this is where the problems usually come in) is simply by asking the applicant, in this case, your ex-husband. Unfortunately, this does leave room for deception. If NJ is a maritial rights state & you were not on title, the mortgage company would have to ask your ex if there is anyone else that is "vested" in the house. If your ex said no, then there would be nothing else for the company to go off of, except his claim. I have been a loan officer for about 2 years now with a privately owned brokerage, and I have seen and heard a LOT of bad things. But, I am willing to bet that what happened in your case was not a vicious move on the mortgage company's part, but a deception of your ex. I would check out your state laws on maritial rights to see if you can get to the bottom of this. good luck!!!