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In Feb 2008, I bought a house with my VA benefits. The loan

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In Feb 2008, I bought a house with my VA benefits. The loan was supposed to be a VA Loan. Countrywide Mortgages was the lending institution. At the closing, all the paperwork indicated that I was obtaining a VA Loan. Six months later, Countrywide called me and told me that there was "post-closure" work needed to be done to finalize my VA Loan. They asked me to secure an easement agreement with my neighbor for the private road that runs in front of our homes. This should have been done prior to the loan closing. Countrywide never asked that this be done prior to closing. My neighbor refused to sign the agreement because he thinks he owns half of the road. I have the deed to both the house and the road. He has subsequently went to the courthouse and had the property lines redrawn to reflect his claim to owning half the road. How he did this, I have no ide. Countrywide never obtained the loan guarantee from the VA. Without the loan guarantee, I cannot do a VA Streamline Refinance which would save me thousands of dollars in interest. I would like to bring suit against Countrywide Mortgages which has now been bought out by Bank of America. I have sent a multitude of letters to both companies asking to reserve this problem with no actions from either. I have even sought out help from my local congressman. The congressman office sent a congressional inquiry to the bank without any results. The congressman suggested I bring a lawsuit against the bank.
Submitted: 4 years ago.
Category: Legal
Expert:  Roger replied 4 years ago.

Hi - I practice in Mississippi.

 

You're right that the easement has nothing to do with the loan closing if it was not addressed before you signed the loan documents.

 

As for your neighbor having the lines re-drawn, there must be a conflict with the deeds to each of your properties. Occasionally, legal descriptions do overlap. This is generally due to the fact that when sections were being laid out all over MS and the entire US, men were blocking off the areas with a chain and pole - now GPS is used. GPS is more accurate, and the different tools produce different results.

 

If you want to fight the guy on this, you'd have to get a survey done and then file a lawsuit to quiet and confirm title to the property in chancery court. If you want to do that, you should speak to a local attorney.

 

As for the loan, if you were defrauded, you should contact the Mississippi Department of Banking and Consumer Finance (http://www.dbcf.state.ms.us/) about Countrywide's actions. If they find fault, you will already have the ground work laid to sue.

Roger, Attorney
Category: Legal
Satisfied Customers: 26616
Experience: BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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