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2nd mortgage lender placed lien on property 8yrs ago. Real…

Customer Question
2nd mortgage lender placed...

2nd mortgage lender placed lien on property 8yrs ago. Real estate attorney reviewed docs/contract and described loan as the most egregious case of predatory lending his seen in his 40yrs of practice.

Lawyer's Assistant: The Fraud Examiner will know what to do. Please tell me everything you can so the Fraud Examiner can help you best.

Had my home on the market, went to the county to research property as directed via internet (thinking of selling your home) found lien had been placed on property by 2nd mortgage lender 8yrs ago. Contacted lien holder settled on an amount,(70000) when I asked for settlement docs to be forwarded to title co. They refused said they would not settle for less than full amount (300000). I asked for doc's?contracts pertaining to the account. Had real estate attorney review doc's, he determined the loan was the most egregious case of predatory lending he's seen in his 40yrs of practice.

Lawyer's Assistant: Is there anything else the Fraud Examiner should be aware of?

The home is in escrow.

Submitted: 10 months ago.Category: Real Estate Law
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Answered in 2 hours by:
9/28/2017
Real Estate Lawyer: Asad Rahman, Lawyer replied 10 months ago
Asad Rahman
Asad Rahman, Lawyer
Category: Real Estate Law
Satisfied Customers: 2,556
Experience: Practicing Attorney with 10 years experience
Verified

I am sorry to hear this. I am not sure what your specific question is.

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Customer reply replied 10 months ago
I need representation to have the lien removed from title so I can move forward with sell of property
Real Estate Lawyer: Asad Rahman, Lawyer replied 10 months ago

What state are you based in?

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Customer reply replied 10 months ago
calif
Real Estate Lawyer: Asad Rahman, Lawyer replied 10 months ago

ok. I'm not licensed in attorney so let me opt out so a california expert can assist.

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Real Estate Lawyer: Michael Bradley,
 replied 10 months ago
Michael Bradley
Category: Real Estate Law
Satisfied Customers: 1,678
Experience: Owner at The Protection Group LLC
Verified

did you sign a note and mortgage for the 2nd mortgage?

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Real Estate Lawyer: Michael Bradley,
 replied 10 months ago

have you made any payments?

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Customer reply replied 10 months ago
we sign documents in 2006 paid until 2009 when it was paid off or we thought it was paid off
Real Estate Lawyer: Michael Bradley,
 replied 10 months ago

have they given you an accounting?

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Real Estate Lawyer: Michael Bradley,
 replied 10 months ago

briefly what is the basis for your claim of predatory lending?

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Customer reply replied 10 months ago
The outrageous interest amount the entries on the financial statement that don't pertain to us different dollar amounts for contract and actual statement unauthorized advances We Believe simply that our account number got mixed up with another
Real Estate Lawyer: Michael Bradley,
 replied 10 months ago

and they have not been willing to investigate for you

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Customer reply replied 10 months ago
They're asking for $300,000 they say it's worth it for them to go to court and take the risk
Real Estate Lawyer: Michael Bradley,
 replied 10 months ago

it seems that your hands are tied and I would retain an attorney and file suit against the creditor

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