Unlawful Mortgage Dispute Resolution

Summary

A mortgage was taken out on a property without the knowledge of a co-owner who held over 50% ownership and rights of survivorship. The co-owner can challenge the mortgage by reviewing mortgage documents, consulting a real estate attorney, and possibly presenting the case in probate court. Obtaining a certified copy of the deed from the County Recorders Office and having an attorney draft a legal notice to the mortgage company are recommended steps.

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I HHELD THE DEED TO THE PROPERTAVE A PROBLEM WITH POSSIBLE MORTGAGE BEING UNLASWFUL. MY MOTHER AND MYSELF HELD TITLE TO THE PROPERTY THE HOUSE I BUILT FOR HER AFTER HERS WAS DESTROYED BY FIRE. I OWNED OVER *% OF THE PROPERTY. SHE TOOK OUT AS MORTGAGE WITH OUT ANYONES KNOWLEGE ON THE PAID FOR HOUSE. SHE PASSED AWAY AND WE FOUND THE MORTGAGE PEOPLE WERE FORCLOSING. WHEN SHE DIED THASTY MADE THE PROPERTY MINE BY RIGHTS OF SUVIVORSHIP. THE PROPERTY COULD NOT HAVE BEEN MORTGAGED WITHOUT MY SIGNATURE
Hi Bobby! That sounds like a difficult situation. To better assist you, could you please clarify if you have any documentation that shows you held over *% ownership and were a joint tenant with rights of survivorship?
I DO HAVE HER WILL THAT STATES THAST
Thanks for sharing more details, Bobby. Since you have the will, it would be useful to check for any other legal documents or records that might support your claim of ownership and joint tenancy with rights of survivorship.
Here are some general steps you might consider:
- Review the Mortgage Documents: Look for any discrepancies or unauthorized signatures.
- Consult a Real Estate Attorney: They can provide guidance specific to your situation and help challenge the mortgage if necessary.
- Probate Court: You may need to present your case in probate court to assert your rights.
Would you like assistance connecting with a local attorney who can help you further?
NO
Case Rating: *
Bobby, it seems you have a solid basis to challenge the mortgage, especially with the will as evidence. Here are some additional steps:
- Gather all relevant documents, including the will and any property deeds.
- Consider filing a notice of dispute with the mortgage company.
- Monitor the foreclosure process closely.
If you need further assistance, feel free to ask.
BUT WHERE CAN I GET A LEGAL WRITTEN DOCUMENT TO THE MORTGAGE PEOPLE TO SHOW THE DEED THAST I AM ON WITH HER * YESARS PRIOR TO THE SAID MORTGAGE
Case Rating: *
Bobby, you can get a legal written document to show your ownership from the following sources:
- County Recorder's Office: Request a copy of the deed showing your name.
- Real Estate Attorney: They can draft a legal document outlining your ownership claim and rights.
This should help in presenting your case to the mortgage company.
THANKS
Case Rating: *
Bobby, it looks like you have a strong claim regarding the mortgage issue. Here are a few more tips:
- Certified Copy: Obtain a certified copy of the deed from the County Recorder's Office.
- Legal Notice: Have an attorney draft a legal notice to the mortgage company asserting your ownership rights.
If you need any more guidance, feel free to ask.