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We took out a mortgage last April, the square footage is…

We took out a...

We took out a mortgage last April, the square footage is incorrect, I notified the assessor and he came out later to check on the info and them change their records, but my lender chose not to use the correct figure, told them that the records were going to be changed but they ignored that info. If they chose to foreclose they wouldn't get the whole house. that was just a FYI., question: is it ok to have incorrect info on a mortgage.

Lawyer's Assistant: Since laws vary from place to place, what state is this in? And has any paperwork been filed?

Arizona and if we wanted the mortgage this is the way it had to be, I have screen shots of the entire conversation in case I needed to have this contract voided.

Lawyer's Assistant: Has anything been filed or reported?

Filed or reported to who?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No, just need to know if this is valid or is my mortgage now non- existant

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Answered in 5 minutes by:
2/28/2018
Olivia Kent
Category: Real Estate Law
Satisfied Customers: 2,873
Experience: Executive Director at Neurogenx Nerve Center of Princeton
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.
Give me just a moment to review what you've written.

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You always want to have correct information on a legal document but you can't force them to change it. What you can do is send them a certified letter return receipt requested with the correct information and ask them to update it. If it ever becomes an issue you'll be able to show that you did what you could to get it updated.

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Customer reply replied 1 month ago
Is my mortgage the way it stands a legal and binding contract or can I have them write off the mortgage because it is incorrect and they chose from the start not to correct the errors, if the shoe was on the other foot you know they would try to void the contract?

In theory you can argue that since a fundamental part of the contract is incorrect there was no "meeting of the minds".... but they won't just cancel it. You'd have to make that argument in court.

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Customer reply replied 1 month ago
no to the call, already spent $59 for this

That automatically comes from the site. You can ignore that if you don't want a call :)

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Is there anything else I can answer for you?

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Customer reply replied 1 month ago
Is my mortgage with it's errors legal and binding? Or can I request that the lender write it off, because if it was the other way around they would not honor it.

Whether the mortgage is legal and binding would depend upon whether the square footage error changed the fundamental terms of the loan. I'm presuming they loaned you X dollars for your property located at*****and whether*****is 4,000 sq ft or 3,400 sq ft doesn't change the fundamental terms of the contract. There is nothing to "not honor" here. They loaned money to an individual and have a reasonable expectation that this money will be paid back - not written off.

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Customer reply replied 1 month ago
Money loaned is based on square foot equals market value equals how much money is available, by using a lesser square foot figure my available cash was limited. The increase in square foot increased my equity by $20,000-$27,000 by the lender using the incorrect figures even though all the docs. in, and actual measurement backed up what I was saying my equity was cut limiting my barrowing power.
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,301
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

I am an Arizona licensed Attorney and it will be my pleasure to assist you. You are 100% if the legal description and the square footage are incorrect this must be amended on your loan documents. Incorrect square footage impacts many factors, including but not limited to property taxes. Who is the lender? You mortgage is not necessarily void. It will be difficult with incorrect information for the lender to prevail in a foreclosure.

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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. A positive rating will not impact your ability to obtain a refund.

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.

Can you see the rating scale on your end, 5 stars?

Thank you for your consideration.

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Customer reply replied 1 month ago
Olivia, thank you for your advice, I reminded my lender of the discussion we had last year, he also has copies, but chose not to correct, so I asked them to write off my mortgage, since they could not foreclose if need be on part of a house, and they chose not to investigate my claims and it has been a year. It has now gone to the Executives for a decision, I am supposed to get one tomorrow (Friday) before 9 pm. They had all the documentation to back up my claim and when I asked them to get another appraiser they refused. You'd think when the appraiser measured the outside of the house and saw that there was a significant difference between his outside figure and what the assessor showed that he may question the missing footage- It's hard to hide almost 200 square feet , no basement and no attic, but no, no one questioned it, I asked the appraiser to use his figures-0utside numbers but he said no he had use the appraiser's figures no matter what. The lender has all this info and chose not to question it. The assessor has corrected his files as I told the lender that was. going to happen. It's too late for them to amend the mortgage and they can't claim ignorance. The mortgage seems to be invalid, their own fault. I'll let you know the outcome. I really appreciate all your help. Thanks Jan
Customer reply replied 1 month ago
Absolutely 5 stars, more like 10

My pleasure.

Are you able to see the rating scale at the top of the page on your end?

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 8,301
Experience: 30 years of experience in General Practice, Real Estate Law and Estate Law.
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Thank you.

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Attyadvisor
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Satisfied Customers: 8,301
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