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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Consumer Protection Law
Satisfied Customers: 118674
Experience:  Attorney experienced in commercial litigation.
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A few years ago I paid Gene Fulmer to help stop a

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A few years ago I paid Gene Fulmer to help stop a foreclosure and 2 fictitious names were added to my deed of trust. I need these names removed ASAP in order to refinance my home. How can you help? Thanks, Toni ********,*********@*********.***
JA: The Fraud Examiner will know what to do. Is there anything else the Fraud Examiner should be aware of?
Customer: I had to sue B of A in order to get them to modify my loan which they finally did after 2 1/2 years of negotiation.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If you cannot get the company to release the names from the deed of trust, the only way to get them removed is through suing Gene Fulmer in court to have them forcibly remove them. So you start by contacting Fulmer and asking in writing to release the names from the deed of trust by quit claim deed. If they refuse to submit the release tell them you will sue to remove the names and for the costs of having to take them to court to do so. If they do not respond to your letter, you would need a local attorney to sue them and serve the named parties on your deed (even if they are fictitious, that means they won't show up in court) and you would need to get the court to remove them and you can ask that Fulmer be made to pay your legal fees and costs for not voluntarily removing the names.
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If Fulmer is out of business even better, but it still has to be filed in court to remove them as the court is the only one that can change the deed. So you skip writing the demand letter, you file suit in court and name the parties on the deed and Fulmer too and you can seek to serve them through their last registered agent in the state (off of the secretary of state's website) and then the court will issue the order to clear the deed once they do not answer. But it has to go to the court and they are the only one who can clear this and it is going to take a little bit of time as nothing can be done immediately.
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