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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7192
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I need to know a few things concerning a fha home loan

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I need to know a few things concerning a fha home loan forced/wrongful/fraud causing foreclosure
JA: Since laws vary from place to place, what state is this in? And has any paperwork been filed?
Customer: In Missouri
JA: Has any paperwork been filed?
Customer: No I've gathered up lots of proof but need help with exact statues and how to file
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't know if it'd state or federal because I live in Missouri but the loan was from Michigan based bank

Welcome and thank you for your question. I will be the professional that will be assisting you.

Please tell me the proof that you have so we can find the corresponding laws.

Customer: replied 4 months ago.
On the history ledger transactions show applied funds from restricted escrow transfer to account for payments but failed to credit account payments causing double payments being made with excessive charges as well as being sent in foreclosure while not even in default on April 17th 2012. Adding up payment from Aug 2011-April 2012 it shows we were paid up while they were demanding payments that had been paid already
Also shows the lender was using restricted escrow for misc to exhaust account so after foreclosure they could file the fha insurance. The loan was for 111000 our claim paid out 103,000 after foreclosure it doesn't show account being credited either says on tax we still owed 111000 also they didn't claim correct interest paid in 2011 or 2012 taxes correctly.

Have you filed any complaints for investigation with the consumer protection agencies tasked with assisting consumers with these matters?

Customer: replied 4 months ago.
response was unable to respond due to unathorized third party but gave no discription as to why
Customer: replied 4 months ago.
they re submitted it

You reported this to the FTC, the Consumer Financial Protection Bureau and the State Attorney General and they responded that they were "unable to respond due to unauthorized party"?

Customer: replied 4 months ago.
I reported to all of them with response being as said from the cfpb which the cfpb then submitted it again. Still waiting for responses from the others

That is always the first step. Have you reported this to HUD?

Customer: replied 4 months ago.
What's that mean unathorized party? Me and my partner were the barrowers

That wording makes no sense to me if you are the borrowers. If you can attach it I would be curious to see this myself.

Customer: replied 4 months ago.
Hud says because it's over 90 days they couldn't help

Well none of that is helpful and very discouraging as it is their job to assist consumers.

You can file an action on your own. This occurred in 2012? Did you file anything in court to stop the foreclosure?

Customer: replied 4 months ago.
Trying to send now
Customer: replied 4 months ago.
Very discouraging and now I get no answer when I call the lender.No I didn't file because I became homeless with nothing and had to scrape by to eat or pay for a hotel to shower from Feb 2012-October 2012 when I was then legally evicted by the court had no resources to do anything so had to move out of state or be on street.

The Cfpb is responding that the lender is answering stating they cannot respond to the complaint as it lists an unauthorized party. Did you contact the cfpb to see what the next step is? The response is not clear to me as I did not see the complaint that you filed.

Customer: replied 4 months ago.
I only have few more weeks before to late I've sent request certified mail for lender to research and for copies which they furnished only up to July 2011 but I've had ledgers from prior request that was for after that date which is how I have them that they didn't realize I'd had also they have takin my credit report and changed it to no data due to me dispute the lenders reporting

There is nothing stopping you from filing a suit fr wrongful foreclosure and fraud. Where are you located in Missouri so I can provide the process and a link for local Attorneys that provide FREE consultations? Let me also provide you with the applicable statutes for the suit.

Customer: replied 4 months ago.
Here is the complaint I sent to the bank and to consumer agency
Customer: replied 4 months ago.
Did the complaint make it to you? It's in Columbia Missouri Boone County the lender is in troy Michigan and the deed or security is in blue springs MO so who would I file the suit against?

I do not see the complaint.

The suit would be in the county where the property is located unless the loan documents state otherwise.

"An action in wrongful foreclosure for damages lies only where the mortgagee does not have the right to foreclose at the time the foreclosure proceedings were commenced. Fields, 295 S.W.3d at 571 (quoting Dobson v. Mortgage Elec. Registration Sys., Inc./GMAC Mortg. Corp., 259 S.W.3d 19, 22 (Mo. App. E.D. 2008)). If the mortgagor had the right to foreclose, no tort cause of action for wrongful foreclosure can be maintained." https://cases.justia.com/missouri/court-of-appeals/ed98721.pdf?ts=1372778539

We will work through this. I need to know the county where the real property is situated.

Customer: replied 4 months ago.
I need to know how to file with whom I file against it and in state or federal what jurstiction mine, Boone County mo, or michigan? What all complaints I have and statues are they like the illegal lock out are called? If I'd file against the property management that was hired by the lender or just the lender because it's the lender ultimately fault.
Customer: replied 4 months ago.
The property was in Boone County mo

I have provided the case law for you. I will provide the statutes. A wrongful foreclosure is a case law argument. Where the county is situated is the proper jurisdiction and this can be handled in State or Federal Court based on the facts.

It can be against both parties. The lender is the key in the this case as they foreclosed.

Customer: replied 4 months ago.
In April when they demanded payment that was not owed saying pay or by may 1st be in foreclosure so we couldn't pay months they demanded and now we now they wasn't even owed technically but after that we didn't pay. So in may/June the lender accelerated non judicial foreclosure for July with the lender demanding payments not really owed and us not paying after that is it still wrongful foreclosure?
Customer: replied 4 months ago.
Or is it mortgage fraud or forced?

The fact that you state the money was not owed is the issue. It is wrongful foreclosure and fraud to foreclose when money is not owed.

This is a link for Attorneys on the area https://www.justia.com/lawyers/foreclosuredefense/missouri

Customer: replied 4 months ago.
Well it wasn't owed when demanded but they didn't do the non judicial foreclosure till July but they put us in foreclosure status as of may. So since we didn't pay between may- foreclosure is it still fraud,forced,wrongful because of the demand for payments when not owed in April and march?
Customer: replied 4 months ago.
I've contacted several lawyers in my area but they don't even take the time to look at my paperwork

If it started out wrongfully you would let the court decide I did not see the complaint attached.

"A tort action for damages for wrongful foreclosure lies against a mortgagee only when the mortgagee had no right to foreclose at the time foreclosure proceedings were commenced.  Peterson v. Kansas City Life Ins. Co., 339 Mo. 700, 98 S.W.2d 770, 773-75 (1936);  Moore v. Moore, 544 S.W.2d 279, 282 (Mo.App.1976);  Spires v. Lawless, 493 S.W.2d 65, 72 (Mo.App.1973).   If there is a right to foreclose, there can be no tort cause of action for wrongful foreclosure.  Peterson, 98 S.W.2d at 773-74;  see also Abrams v. Lakewood Park Cemetery Ass'n, 355 Mo. 313, 196 S.W.2d 278, 285-86 (1946);  Petring v. Kuhs, 350 Mo. 1197, 171 S.W.2d 635, 639 (1943);  Loeb v. Dowling, 349 Mo. 674, 162 S.W.2d 875, 877 (1942).   A plaintiff seeking damages in a wrongful foreclosure action must plead and prove that when the foreclosure proceeding was begun, there was no default on its part that would give rise to a right to foreclose.  Loeb, 162 S.W.2d at 877;  Peterson, 98 S.W.2d at 773;  Spires, 493 S.W.2d at 70.   A plaintiff must “plead and prove such compliance with the terms of the deed of trust as would avoid lawful foreclosure.”  Spires, 493 S.W.2d at 71.   See also Robert H. Dierker and Richard J. Mehan, Personal Injury and Torts Handbook, 34 Missouri Practice section 55.7 (2007).

 When a foreclosure is wrongful because no default giving rise to a right to sell exists, the mortgagor has two remedies:  it can let the sale stand and sue at law for damages or it can bring an equitable action to have it set aside.  Peterson, 98 S.W.2d at 775.   If the mortgagee did have the right to foreclose, but the sale was otherwise void or voidable, then the remedy is a suit in equity to set the sale aside.  Id." http://caselaw.findlaw.com/mo-court-of-appeals/1077824.html

Let me provide the State Bar Lawyer Referral Service. One moment please.

"Missouri Revised Statutes

Chapter 443

Mortgages, Deeds of Trust and Mortgage Brokers"

http://www.moga.mo.gov/mostatutes/chapters/chapText443.html

Customer: replied 4 months ago.
Also we had an active application for loss mitigation the month they demanded but never got response and we filed for hardship the entire year month after month but would get only denial saying incomplete which they were and paperwork shows plus the cfpb notified us that the lender named us as victims to a suit brought by cfpb in 2014 which is why I started pursuing this further cause cfpb stated we could pursue further if desired
Customer: replied 4 months ago.
Trying to send Complaint again now
Customer: replied 4 months ago.
Are you unable to take cases? Just wondering if so or if your firm could by chance or is there a clause because of the site?

This is a general information site. Pursuant to the terms of service of the site that customers agree to when posting a question the Attorneys on the site are prohibited from entering into an Attorney/Client relationship with the customers.

I can hopefully get you headed in the right direction.

The State Attorney General should be able to provide assistance as well at

https://www.scribd.com/document/53583637/Missouri-Attorney-General-Mortgage-Foreclosure-Tool-Box

This is a link for the site terms of service http://ww2.justanswer.com/terms-service-0

I would stay in contact with the cfpb as well as file a complaint. I would also contact the Missouri Bar Association as they have many resources for the Public.

Customer: replied 4 months ago.
OK well for a fee paid through the site by me are you able to prepare claim that I can then take to the cout to file on my own behalf. I just don't think I can successfully fill out needed forms to file and to file a complaint is there any must do before filing?

I am sorry there is so much confusion on what services the site provides. Let me copy and paste the specific language in the terms of service.

"7. Information Not Advice; No Client-Professional Relationship
Answers of Experts on the Site are provided by Experts and are to be used by Customers for general information purposes only, not as a substitute for in-person evaluation or specific professional (medical, legal, veterinary, tax, financial, etc.) advice. For example, Experts in the Legal category will provide only general information about the law, and will not provide legal advice nor propose a specific course of action for a Customer. By answering questions, Experts do not intend to form, and do not form attorney-client or doctor-patient relationships with Users of the Site. The laws, regulations, other governing authorities, standards, practices and procedures that apply to your particular question may differ depending on your location and information typically discovered through in-person evaluations or visits. Experts in some categories may be licensed, certified, educated, employed by or have experience in only particular jurisdictions.

No professional-client relationships shall be formed on the Site.

Communications on this Site are not confidential and shall not be the subject of any associated privileges. Communications on this Site are limited, as described above, do not involve in-person evaluations or visits, and do not include safeguards and procedures typical of in-person evaluations and visits.

Before you can interact with an Expert, you will be required to agree to a Disclaimer reminding you of these and other important provisions of the Terms." http://ww2.justanswer.com/terms-service-0

The laws are case law. The cases I provided set out the law that is used to evaluate a wrongful foreclosure. The State Bar has many resources available to the public. Based on the loan you can bring either a State or Federal action.

Thank you for using JA we appreciate your business.

Please do not hesitate to ask me any additional questions that you may have with regard to this matter. It would be my pleasure to continue to assist you.

If you would be kind enough to rate my service positively so I will receive credit for my work from the site I would appreciate it.

You may not be familiar with how the site works. The Attorneys to not receive credit from the site for their time or with customers unless the customer provides a positive rating. We answer your questions in good faith, hoping for a good faith response regardless of whether the law is in your favor or not. If you were unhappy with my service please let me know that you would prefer to work with another Attorney and I will opt out. Thank you for your consideration.

Thank you for using JA! We appreciate your business.

Customer: replied 4 months ago.
OK sorry I understand now of the terms. Are you not going to help me anymore now or?

I am happy to answer any additional questions that you may have with regard to this matter.

Customer: replied 4 months ago.
If I have further follow up questions later time or date will u still help? Or will I have to pay again?

Once you rate the service positively the follow up questions are no extra charge.

Please do not hesitate to ask customer service any questions that you may have with regard to using the site or payments as the Attorneys do not have access to customer accounts and do not handle payment. http://ww2.justanswer.com/help

Thank you.

Do you have any additional questions for me?

Customer: replied 4 months ago.
I do but I'm trying to first process the links you sent. Thank you for the help Im sure to question afterwards if that's okay
Customer: replied 4 months ago.
Oh also in regards ***** ***** illegal lockout that was done after non judicial foreclosure but before court date for unlawful detained what would this fall under?

All would be wrongful foreclosure.

Attyadvisor and other Real Estate Law Specialists are ready to help you

Thank you.

Customer: replied 4 months ago.
Hi so follow up when starting a civil claim for over 20,000 in Missouri what steps do I take do I just file or do I ???

I don't understand the question. This is like filing any other lawsuit.

Customer: replied 4 months ago.
I've never filed any law suit so I don't know how to. I'm asking what do I do just go to court house and file against the lender and the company that held the title as well as the company that took all of our stuff from our home that the lender hired or do I just file against the lender? Do I have to send out an acknowledgement or something? Would the law firm that handled the foreclosure and deed for the lender be the ones I sue or?

We are a general information site. I would need to see all of your documents to know who to file a lawsuit against. I would not be able to walk a customer through filing a lawsuit under the terms of service of the site. I can provide a link for Attorneys in your area that provide FREE consultations.

I can tell you that law firms act on behalf of their client's. If you feel that an Attorney was unethical you file a complaint against them through their State Bar Association.