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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 112768
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My records on my mortgage indicate there was a "satisfaction

Customer Question

My records on my mortgage indicate there was a "satisfaction of mortgage" in my name is 2006. In 2007, I did a refinance not knowing that the court records indicated that my house was paid off. You see, the bank I purchased the mortgage from declared bankruptcy. Since the refi- I have been switched from mortgage servicer to mortgage servicer. Finally, I got switched to Statebridge Company, (New York Bank of Mellon). These guys tried to foreclose on me for mailing a late payment. I sought out a lawyer and they immediately filed a fraudulent security deed using MERs and a defunct bankrupt mortgage company as transferers of the note. I live in Georgia and it is a non-jurisdictional state. The judges don't know mortgage law and the lawyers literally throw your case under the bus. Is there any way I could prove the security deed is fraudulent? Any suggestions? There people want to foreclose on me and take every thing I own?
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

Do you have a copy of the satisfaction of mortgage, since that is your proof that their alleged deed is fraudulent if you never received any money from them on the refinance. The satisfaction of mortgage is the proof you no longer owed money on the home, so that is the way you fight the foreclosure in proving their deed security instrument is false. Also, the lawyer who is not properly representing you and did not raise the satisfaction as a defense can be guilty of malpractice, which would make her liable to you for all of your losses in the case.

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Customer: replied 3 years ago.

My question is not what records I already have, my questions are is there any one or firm in Georgia that can fairly represent me or are there any avenues such as government agencies that I could appeal to or how do I take my case to a legal institution who will judge me on the facts, seeming that my lawyer has depleted all of my funds or is it possible to represent myself?. I would like a refund because my answer does not address any of these issues.

Expert:  Law Educator, Esq. replied 3 years ago.
Thank you for your wonderful rating when you NEVER asked "is there any one or firm in Georgia that can fairly represent me or are there any avenues such as government agencies that I could appeal to or hor do I take my case to a legal institution who will judge me on the facts..."

You DID ASK, "Is there any way I could prove the security deed is fraudulent?" And you DID ASK, "Any suggestions?" Both of those questions WERE ANSWERED and I apologize for not knowing that you wanted to know the other information you put only in your reply.

YES there are government agencies that you can go through for the fraudulent deed. You would file a complaint with the GA Attorney General's Office consumer protection unit, since they handle complaints of fraudulent deeds. If this company released you from your obligation and gave you a release of lien notice, then filed a false lien the Attorney General will investigate and fine the company. Additionally, the local Housing and Urban Development Office (HUD) and also the Federal Trade Commission will investigate these fraudulent loan practices, since it is fraud for them to submit a new lien when you had already received a satisfaction of debt for the mortgage.

As far as firms in Georgia who would take your case, there are consumer protection firms that handle these cases but by law and site rules, again I apologize, we are forbidden from making personal referrals and you can find a good consumer protection firm in Georgia at the same sites used by other attorneys, http://www.martindale.com, http://www.lexmundi.com or http://www.hg.org.

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