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I had an attorney give me some free advise, and another attorney willing to look at the docs, but he is pressuring me to take 5,000 and that a trial is too expensive. i have a physical disability and am on SSI so I have no savings for an attorney.
Who do I sue for fraud? the closer, notary or my ex?
they said they were not able to take the case - that they have very little funds. What does quiet title mean? my ex had a large inheritance, but he is hiding it with his brother and claiming to have no money
Is quiet title used in torrens property? I had an atty help with a response to Citimtg's petition for proceedings subsequent, and that court proceeding is on hold. I wondered if the divorce court would help. the 2003 mtg was to be his financial responsibility. Could the divorce court order him to reveal his inheritance?
what is the definition of possession in real estate? the divorce held him responsible for the mtg he re-financed, if he remained in possession of the property. He left all his possessions in the house a few years ago and is living in a room with a friend, he is unemployed.
in 2003, I agreed to refinance an existing mtg at a lower rate. However, I found in his papers he left that he went back and re-did the closing and took out $50,000 in cash. these are the same closers and title co that used a POA to re-finance again a year later for another $7,000 cash out. the 2003 did not have my signature on any documents, and the closer affidavit states that only my ex was at the closing. we were married and my signature is not on anything. that is why i knew of a 2003 mtg, but not the one that was filed with a $50,000 cash out. I never saw that check either and did not know that he did that until i found closing papers when he left the house. i think the closer did not want me to know about the 2003 mtg so when he re-financed for more cash and a fixed rate, they had to hide the 2003 so they used a POA the second time.
i live in the house, the eviction hearing was stayed until this i resolved in district court
that sounds like a good idea, would i ask for a stay in district court until the divorce issue is resolved?
do the estopple laches law apply when they refused to talk about the fraud issue and proceeded to foreclose?
Ok, thanks, XXXXX XXXXX mtg follow contract law, so if it is improperly executed it is null and void?
what does unclean hands mean?does the notary have to have prove that she asked for a photo id or do i have to prove it is not my signature?
how does freddie mac, backed by our fed gov, get involved? do i include them in a complaint? they have the title at this time
can i get help by the fed gov?
freddie mac is private and the fed gov just insures the loan? will the fed gov pay them for their loss?
the title ins co? are they part of the suit? the closer did not follow their closing instructions, ie get a photo id for the POA, they have a photo id for my ex. the title policy states that the closer is responsible for any fraud or negligence, so how are they involved?
Do i have to sort out who is responsible or do they do that as long as i prove fraud- ie not my signature
did the title co have to make sure the closing followed closing instructions?
Oh- i just name the parties, get a hand writing specialist?
legal aid told me that courts only accept about 50% of handwriting specialists- it is not a guarantee that the signature is not mine- is that true?
if they never produce the original for a hand writing specialist, what happens? One attonrey told me i probably can't get the original
a detective stated that the circumstances around the POA means more than a specialist- the fact that we were recently divorced and it did not make sense to give him POA over my share.
Didn't i also have to sign a Right to Rescind by fed law?
Do the HUD docs have to be signed? and not by POA?
i think i did not get the last message
Can he alone sign the promissory note?
he did not sign as atty in fact on the note, one atty told me that was a problem.and the closer let him and the title ins did not check either?
wow, this is complicated- and alot of parties!!
So i name all the laws broke, and then show how they colluded, and failed to stop his fraudulent conveyance?
ok, i understand, it helps to know how complicated- i can see why an atty doesn't want this pro bono- volunteer lawyers network accepted the case, but have not found a law firm to take it.
thank you for all your time- the issues are complicated and the laws involved are complicated. i can see why the foreclosures have gone on without check- people who cant pay their mtg anymore, cant pay an atty to protect their rights if the mtg was not done right to begin with. Thank you again
thank you so much, that means alot to me, I am praying for a miracle here!! have a good weekend!
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