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home was going into foreclosure ,i was desperate for help ...

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home was going into foreclosure...
home was going into foreclosure ,i was desperate for help called home solutions entered into buy back program. asked if this was a quick claim and was told no. found out later that house had been taken out of my name . deed showed that my wife and i had signed this document in the presence of a notary that was never present when we signed paperwork. later found out that home solutions never made payments to mortgage co. on time and was later contacted by mortgage co. that check was no good and that checking acct. had been closed. i was later contacted by a person who informed me that the owner of home solutions was in divorce court and that the contract was transferred to him. do i stand a chance   ks douglasville
Submitted: 9 years ago.Category: Legal
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Answered in 28 minutes by:
7/1/2008
Lawyer: Kim Courtney,
 replied 9 years ago
Kim Courtney
Category: Legal
Satisfied Customers: 4,219
Experience: Founder/Member at Food Business Association
Verified

Hello, I am happy to answer your question.

I am so sorry for your troubles. What has happened to you is a crime, and you should report it immediately. Call the attorney general and file a formal report. They might be able to help you get compensated for this unbelievable behavior.

This is very serious because you could not only lose your home, but also any equity that you have in it. Please gather all documents that you have from the purchase of your home, from the mortgage and from the interactions with home solutions.

Then immediately report this, because you should not lose your home over this.

I would also immediately call the attorneys representing the bank on this. Tell them that the transfer that took place was illegal and that you demand for them to reinstate your mortgage. It is in their best interest to work with you now as well, because if the transfer of the deed was no good, then they have no security interest in their mortgage. Start writing letters to them to create a paper trail, and follow up with phone calls.

I hope this helps. Good luck.

Kimberly

Kim Courtney
Category: Legal
Satisfied Customers: 4,219
Experience: Founder/Member at Food Business Association
Verified
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Customer reply replied 9 years ago
to add to this situation my wife, which is a notary out of desperation put the title back in my name.the person who is assuming the contract wants us to negociate a rental amount and also that he is going to contact his attorney to get a disposition to put the deed back in his name because we forged his name. i am suppose to contact him today and make a new agreement with him and he wants us to quick claim the deed back to him . should we do this and how does this jeopardize our house because we are trying to refinance. pray for us.
Customer reply replied 9 years ago
Relist: I still need help.
posted additional info pertaining to case . should i contact mtg co. attorneys or what attorneys are you referring to.
Lawyer: Kim Courtney,
 replied 9 years ago

Ok, so what was done with the title that was put back in your name? Isn't the mortgage now in the name of home solutions? Was anything done with the forged title, was it filed? Even if it was filed, it is fraudulent for the home solutions to sign over the deed back to you when the mortage is in their name, so that deed would be challenged in court by the bank at the time of sale or foreclosure.

Here are my thoughts. Obviously you and your wife both know the implications of forging such a document. Especially for your wife because she could lose her notary license.

If nothing was done with that title, then do nothing. Don't do anything else until you go to court. This guy took advantage of you, and I understand that you acted out of desperation, but it will look very bad that you forged this document.

Go to the attorney general and court immediately.

The attorney you need to speak with is the attorney representing the bank. They will be VERY interested in your story - no need to mention the last deed unless it is absolutely necessary. I hope this works out for you.

Take care,

Kimberly

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