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Purchased home from nton Mortgage thru Banner Bank Sept 1986

Purchased home from Hinton Mortgage thru Banner Bank Sept 1986 orig loan 60,619.00 30yr 9.5% fixed rate FHA loan. Husband lost Job, got behind on payment. HUD took over loan in 1992. Made payments to Hud for aprox 4yrs. Loan was sold or given to Ocwen Federal Loan servicing 03/01/1996. Maturity date 08/01/16. Rec'd Balloon Letter in March of this yr. saying payment due in full on maturity will not accepts payment after that time. Requested pay off quote they are saying we still owe $44K. Loan amount turned over to Owen looks like $60,619.00 the total amount of the Loan??. 20 yrs later I owe $44K, where is the credit for the 10yrs of payment made prior to Ocwen (between Hinton Mortgage and HUD). If the balance turned over was incorrect, the application of principal and interest incorrect for 20 yrs is also incorrect. Rec'd amortization schedule from Ocwen in 1996. They are not following their own schedule. I have copy of Deed and Trust between HUD and Ocwen, I have paper work from Hinton Mortgage, I have an annual tax-loan/Escrow statement from HUD dated 01/07/92 -12/3192 showing I paid $7,217.33 in interest nd $1,142.15 in tax. I am current on my loan payments. I look forward to paying off loan, but we do no owe $44K. A few yrs ago Ocwen said we were current on our principal and no longer needed to be on their Forbearance plan. They adjusted my payment from $735.00 a month to 705.00. When asked if he adjustment was enough to pay off loan at maturity, they said it would pay every thing except arrearage in the amount of aprox $9K (owe less than now) . I feel Ocwen is trying to steal our home by saying we owe $44K. I have not rec'd statements from Ocwen in yrs, although requested never rec'd. I do have payment history from Ocwen dating back to 03/01/96 - 06/15/96, it is not a running total and the report is hard to read. Can you firm help me?JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: Dallas TXJA: Have you talked to a lawyer yet?Customer: Most represent Ocwen. Some feel because my house is not in foreclosure, the case is light. And others are way out of our price rangeJA: Anything else you think the lawyer should know?Customer: We filed Bankruptcy about 5 or six years ago included Ocwen, but continued to make our mortgage payment. Ocwen said the Bankruptcy has been dischargedJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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3,740 satisfied customers
I need to know if there has been a RESPA violation with the

I need to know if there has been a RESPA violation with the complaint i have written. If so, what section or violation ?

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William B. Esq.

Attorney

Doctoral Degree

 
18,522 satisfied customers
My home was sold at a foreclosure auction on Mon 7/13/16

My home was sold at a foreclosure auction on Mon 7/13/16 here in CA. The payoff amount given by the mortgage company was $141,696.48 and the (cash) buyer paid $177,300.00. I was told by the buyer and a real estate agent that the mortgage co has 21 days (I can only assume "business days" to pay me the difference of $35,603.52 that I am entitled to. When I called the mortgage co they told me they had no idea what I was talking about and referred me to a dept that can only be communicated with by fax or USPS mail. I have no idea what I need to do or how to go about obtaining the funds that I am owed.JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?Customer: As I had mentioned it was in CA, unfortunately I am not sure what kind of paperwork you are referring to.JA: Have you talked to a lawyer yet?Customer: No, that's why I posed the question here because I wasn't sure what to do, and if that is the best option.JA: Anything else you think the lawyer should know?Customer: That's basically all there is to it.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Barrister

Attorney/Landlord/Realtor

Doctoral Degree

 
44,784 satisfied customers
I have a question...I live in California and had to leave a

Hi there,I have a question...I live in California and had to leave a house I purchased a mortgage on in 2007 because nobody would re-fi me with the same type of loan I originally had to get the house. The house foreclosed in 2009 and sold at auction. I stopped making payments in Dec. of 2007 on the 1st and 2nd mortgage. I still have a debt company constantly calling and sending me letter's to pay the 2nd mortgage debt. It has been over 8 years since I made a payment on the 2nd mortgage, and finally one day a couple months ago I answered their call and told them to leave me alone, the Statute of Limitations is up. I have since received a letter telling me they can still make "collection efforts" until 4 years after the maturity of the 2nd note (which is 2021). Now I'm "okay" with them calling, sending letter's and reporting on my credit if they have that right. My main question is can they still take legal action, and sue me even though the 4 years on written contracts, has far passed...can they take me to court and will the Statute of Limitations Law in California hold up?? Thanks so much for your time!

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legalgems

Juris Doctorate

 
12,296 satisfied customers
Is there a limit to the number of people that can be listed

Is there a limit to the number of people that can be listed as lenders on a deed of trust? If not, could each of them receive interest payments from the listed borrower on the deed of trust? If so, are there any regulations that limit or determine the guidelines for that interest rate percentage?

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Ely

Counselor at Law

Juris Doctor

 
62,126 satisfied customers
Deed of trust : California : No : I have a loan from Wells

HiJA: Hi. What is your issue regarding?Customer: Deed of trustJA: Since estate law varies from place to place, can you tell me what state this is in?Customer: CaliforniaJA: Have you consulted a lawyer yet?Customer: NoJA: Please give me a bit more information, so we can help you best.Customer: I have a loan from Wells Fargo but I changed the property title to my LLC for protection from tenants etc. can Wells Fargo make me pay the entire loan or foreclose on me. They said there is a due on sale clause, but I didn't sell. I am also not in default with the loan.JA: Is there anything else important you think the Real Estate Lawyer should know?Customer: NoJA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Loren

Juris Doctor

 
34,688 satisfied customers
Question About Timing of Trustee Sale and Lack of

Question About Timing of Trustee Sale and Lack of SecuritizationTHIS IS FOR EXPERT RAY ONLY PLEASE - THANK YOU!Hello Dear Ray! Thank you in advance for helping me with this question. I always enjoy working with you. I'll keep this one simple and hope to hear back from you.1. We are led to believe that a residential trustee sale occurred on May 10, 2013, but the assignment to the beneficiary did not happen until after the sale on May 11, 2013. This strange timing was done intentionally and I am confident it was NOT a typo.2. I also found out that the beneficiary trust stated on the Trustee's Deed and assignment is bogus. I contacted the so called beneficiary trust and was told that they never held an interest in the property or the loan or the deed of trust.3. I obtained the official trust documents which lists all the 5,368 loans for that particular trust as well as the loan level data such as maturity, originating lender, interest rate, points, fees, etc etc. The loan and property in question is not in there at all.Personally, this sounds a bit on the scammy side; but you are the expert. Please share you incredible wisdom with me!!!Thank You,Customer

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Ray

Lawyer

Doctoral Degree

 
33,968 satisfied customers
We are trying to set up a JV agreement non-performing deed

We are trying to set up a JV agreement for a non-performing deed of trust / promissory note. In general, I am to pay for it and the other party is to manage the workout. When the foreclosure is finished and the property is sold, we are to split the profits 50/50.JA: Since estate law varies from place to place, can you tell me what state this is in?Customer: in Chicago, ILJA: Have you consulted a lawyer yet?Customer: noJA: Is there anything else the Real Estate Lawyer should be aware of?Customer: The other party already owns the DOT/NOTE and wants me to give him the value of the note plus expenses, but does not want to assign the note to me. He says he needs to control the note to do the workout. I worry that if he dies, I will not have any collateral.JA: OK. Got it. I'm sending you to a secure page on JustAnswer so you can place the $5 fully-refundable deposit now. While you're filling out that form, I'll tell the Real Estate Lawyer about your situation and then connect you two.

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
In , can a new builder that buys lots in foreclosure sale

in pud, can a new builder that buys lots in foreclosure sale automatically assume role of declarant from defaulted developer without notifying current home owners? if yes would they also be responsible for finishing amenities promised to already established owners by defaulted developer? if no would new bylaws and declarations need to be created by new builder and approved by owners?

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Irwin Law

Juris Doctor JD

 
8,076 satisfied customers
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