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Alexia Esq.
Alexia Esq., Managing Attorney
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Experience:  19 Years of Legal Practice Experience in this precise field.
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Arizona My mom had a baloon payment due on a empty land mortgage

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Arizona
My mom had a baloon payment due on a empty land mortgage in 2003. She refinanced and has been making all payments on time the last 7 years of $200/mo.. The new mortgage comp is saying they have no record of a refinance and her loan is now in default 7 years of made payments later and no mention of this baloon payment since she handled it 7 years ago. They are threatining foreclosure if she does not refinance. Can they do that 7 years of made payments after the fact? And if so can she sue for the 7 years of payments since this 2003 baloon payment was upposedly handled?
PLEASE HELP
David and MOM
Submitted: 4 years ago.
Category: Legal
Expert:  Alexia Esq. replied 4 years ago.

Hi guys

 

Mom, this is crap. Parson my french.you need to get your refinance papers together to prove you have a refi contract. It will greatly help to also get copies of the 7 years of checks you sent. Fortunately, if you lost them, your bank will have them and while it will likely charge a fee to get them, it is not too crazy, relatively. Once you have your proofs, send a letter showing your proofs (copies only!). Tell them that if they foreclose and or otherwise make defamatory statement against you, false statements of non-payment - you will have no choice but to sue for defamation, in addition to violations of the Fair Credit Reporting Agency (FCRA) if they defame you to the Credit Reporting agencies. Be sure to always send any mail to them certified r.r.r. and to follow up all phone calls with a confirming letter, also cert. r.r.r. If they ignore and file for foreclosure, you can get it dismissed and can likely file a counterclaim for all of these things - and use an attorney, because FCRA provides that they will have to pay attorneys fees for your troubles.

 

Get your justice, I can't stand that things like this are happening to people who are actually paying appropriately.

 

 

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Customer: replied 4 years ago.

Thanks for good answer.

Mom is here with me. Says she hasn't found refi papers from the 2003 refi I mentioned but does remember the lady she did it with. So lets say she cant find them (which I think we will be able to), but just for arguments sake can they enforce this? And wouldnt they have to pay her back the 7 years of payments (which she has proof of) if they insist on refinancing (because they admitted it would cost a couple thousand to refi. on top of all this mess)

Thanks again!!!

David and Mom

Expert:  Alexia Esq. replied 4 years ago.

I think they she has terrific avenues to fight a foreclosure, not the least of which is they never made a peep about the $200 payments for 7 years, tending to show that the ballon mortgage was refinanced. Now, whether they can foreclose otherwise, may depend on whether her paperwork allows for it - if no power of sale is present in the mortgage or deed of trust, then they will have to file in court for a judicial foreclosure, which may implicate a statute of limitations, whereas if they have the right for a non-judicial foreclosure (power of sale is in the paperwork), it is generally understood that there is no SOL.

 

And yes, absolutely they would have to provide credit for the $200/mo they have had.

 

I do hope that you find that refi material! Consider also looking at the checks written - did you put loan number on them? In the memo? Because the new refi would have a different loan number than the old one. Check that out - the company could then look to see what that loan number is XXXXX if they refuse, bu tyou see that in Xmonth of 2003 she was sending to Y loan, and the next month and thereafter to Z loan #, clearly that would tend to show that something occurred, supporting her argument of refi. Just an extra idea!

Customer: replied 4 years ago.

THanks!!!

LAST QUESTION

This mortgage/deed of trust is found where exactly? (what company has it?-Title company?)

Your awesome, Thanks

Expert:  Alexia Esq. replied 4 years ago.

Hi Jac,

 

If you know the title company, that would be a great place to ask, yes. I would also think it would be recorded? WIth the county?

Alexia Esq., Managing Attorney
Category: Legal
Satisfied Customers: 11709
Experience: 19 Years of Legal Practice Experience in this precise field.
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