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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11517
Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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I just purchase a home thru a FHA loan where the mortgage broker

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I just purchase a home thru a FHA loan where the mortgage broker lied outright, the title company changed dollar amounts that were not allowed to be changed, the lender would not accept credit due to me such as sec dep $1000 option credit $2400 and used an rental survey form 216 that was completed with my first appraisal to say I did not get the credit yet told me the appraisal was expired and made me pay for a 2nd one. I had two different loan numbers the 1st mtg broker cxld without my knowledge and started all over with a new loan number. Broker aware roof was leaking and bad but did not disclose the information. He told me not to worry about it I would be given a "roof cert and Seller would cut me a check for half of roof at close. then they sent many different settlement statements all with different figures. Forged my name on the addendum increasing price of home 3000. I closed on the home 5/2/13 and the renewal for homeowners ins came today due 12/1/13 until 12/1/14. They had put the home in my name 6 months before I bought it. It has the wrong loan number on it and lists a 2nd mortgagee which was who the Seller originally had. Oh and I asked non stop for a correct and current GFE all the way until the house closed. I believe they were working together by Broker stalling out the loan and the Seller telling me he was pulling out of the contract and I would be evicted and lose all the money I had put down when I moved in on a lease to purchase property. I have HUD, DOC, DA, DRE (still in process) writing the title company and Lender for all of the wrong doing and I can't seem to get anywhere and yes I documented proof of all of the misrepresentation and deceit. What can I do I lost over 10,000.
Is there anywhere or anyone that can help me let these jerks know they can not get away with this?

Thank you
Lori Brokenshire
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Andrea, Esq. replied 8 months ago.

Hi, Lori, My name is XXXXX XXXXX X will be glad to assist you in any way that I can, but need a bit more information, if you do not mind,

 

WOW !

 

1. If you were asked who you thought coordinated all the lying and the deception would you say that it was the real estate broker, the mortgage broker ?

 

 

2. If I understood you correctly, you were the subject of lies and deception acted upon by the real estate broker, the mortgage broker, the lender, the seller and the title company, correct?

 

3. Have I missed anyone ?

 

 

Customer: replied 8 months ago.


there was not a real estate broker due to I was in a "lease to buy" the seller typed up the contract and although he does this type of work for a living he did not use the normal Ca. lease to buy contract. He put in the contract that we (he & I ) were to work together in processing the home loan. The contract was signed 12/1/11 for 12 months. 10 months into the contract he contacted me with a mortgage brkr name and info so I felt I HAD to use him but I also thought he was working for me. That was not the case at all. He lied so much and gave so many conflicting statements through a loan I signed on 10/30/12 and completed 5/2/13.


The Mortgage brkr is the biggest one at fault as well as seller who goes by the name of Brian T McGlone AKA Twitchy Investments, LLC. The contract is in the business name.


The broker did not give me a GFE with correct amounts and the last one he gave me was in 12/12, mind u I closed 5/2/13. I continued to ask for one to compare dollar amounts he would not. The title company changed and played with the figures until Seller was given credits over them overcharging me. They would not let me ask questions. The broker said he was the only person I could contact. I let the title company know something was not right with the deal and for her to please check it before they did the close docs, she blew me off. The homeowners ins somehow has been in MY name since last December so it is coming up to renew yet I just paid it in May at close. The lender let the mtg brker cancel my loan app and start a new one making the process start all over but NEVER did the Lender send me a term letter advising me of the term of the first loan. The homeowners ins policy even has the first loan # XXXXX yet Lender will tell you it does not exist. Lender wrote close instructions wrong with it costing me yet more money. They changed my closing cost all the way thru it. I had one appraisal and rental survey form 216 done in Nov 2012 the lender then said the old appraisal was expired and ordered a new one so I paid for two then they used the rental survey from the first expired appraisal to say I did not qualify for option credit which they counted as "renters credit" which was 2400..


Doesn't it expire with the appraisal? Plus no where in all of the documents does it mention the fee or the fact that I was charged for 2 appraisals and rental survey.


And the broker was fully aware my roof was bad and leaking but never disclosed it to Lender for a FHA loan.


The mtg broker is actually licensed as a "salesperson" his father was the actual broker but had been sick and passed 2 days after my house closed.


I could go but I think that will have you for a while.


 


Thanks


lori brokenshire


 


If you wish to reach me for clarification I am at (XXX) XXX-XXXX.


One more thing if the appraisal and the rental survey they based their value of the home on for comparsion of other homes in the neighborhood to get our compared was inaccurate wouldn't that make the values not right and on the rental survey they did not give me the option of completing the monthly cost as such they missed 300. more that should of been added to my monthly rent and by doing that I would of qualify for the "renters credit" but no one will accept any wrong doing


Expert:  Andrea, Esq. replied 8 months ago.

Good afternoon, Lori, Thank you for your reply and for your additional information,

 

I have conferred with some of my colleagues here and we are all of the same opinion that your situation has a lot of people involved in a lot of wrong doing at various stages of your home buying experience. You would not be able to find any resolution or any justice without the assistance of an Attorney experienced in real estate transactions and litigation because the closing has already taken place and many months have passed which means that only a lawsuit will give you the money that should have been paid to you. If you attempt to do this on your own, you will only be wasting valuable time.

 

What you can do in the meantime is contact the California Office of the Attorney General and file a formal Complaint against the lender , the mortgage broker's son the mortgage broker's estate, and the seller under his investment company name,

 

http://oag.ca.gov/

 

An Attorney would be able to institute a lawsuit and name as defendants, the lender, the seller and the mortgage broker's estate. You can find free legal representation by clicking on the link I have provided below which provides a list of free legal help by County so that you can find the one nearest to you,

 

http://apps.americanbar.org/legalservices/probono/directory/california.html

 

 

 

Please be kind enough to rate Excellent Service" so that I receive credit for assisting you, it will not cost you anything additional to give me a positive rating, and that is the only way I can receive credit, Thank you for understanding,

 

If you feel the need to leave a negative rating, please do not leave any rating at all, but ask me for further clarification or

 

 

 

If you receive a Customer Satisfaction Survey from JustAnswer, Please rate a 10 as it gives me a greater opportunity to assist other customers on this website and is greatly appreciated,

 

 

Thank you for allowing me the opportunity to assist you,

 


ANDREA

 

 

 

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 11517
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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