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Mortgage not recorded for 8 years

Asked Sep 1, 2011, 09:13 AM — 15 Answers
Hello I purchase my home 05/2003 from a private party contract for deed private party sold my loan to a mortgage company 06/2005 they in turn sold it again with in 30 days , I have been paying the mortgage company for 6 years I have ask them a dozen time to record my mortgage to homestead my home falling on deaf ears come to find out that my name has never been on the deed and mortgage has never been recorded in the 8 yrs I have been paying , I talk to the mortgage company and found out they have no papers sign by me stating I have a mortgage with them that's why they can record the mortgage is there any legal action I can take since I have been paying them for 8 yrs and no one ever recorded my mortgage but sold my home 2 times

15 Answers
JMN1262's Avatar
JMN1262 Posts: 6, Reputation: 10
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#11

Sep 1, 2011, 04:22 PM
LisaB4657 ; Thanks for the reply but I know its contract for deed what I was asking is about the recording of the mortgage now my property is showing with a dollar amount that my property has been sold two times after I had purchase the property I talk to the mortgage company and they said they have NO paper work on me ever signing anything but I do , I talk to an Attorney and before we hung up he ask me if I want my home free and clear or my money back and as I stated I'm just trying to do some home work before I enter this long battle and pay and Attorney for doing nothing that I could have done with a little advice , Thank you for your time everyone
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LisaB4657's Avatar
LisaB4657 Posts: 3,517, Reputation: 2637
Expert
 
#12

Sep 1, 2011, 04:33 PM


If you're not the owner then a mortgage cannot be recorded in your name. Only the owner's name can go on the mortgage.

You said you have paperwork that you signed between yourself and the mortgage company. Exactly what kind of paperwork is it?
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JMN1262's Avatar
JMN1262 Posts: 6, Reputation: 10
Junior Member
 
#13

Sep 1, 2011, 05:03 PM
I did read my contract and it is one page brake down of down payment monthly payment taxes and insurance escrow and 30 year fixed rate and property decryption and signatures & notary stamps
Nothing else , I signed nothing with the mortgage company only the private party in 05/2003

I don't understand how they can collect any money from me if they don't even have the original paper work (( contract from the private party)) the mortgage company is telling me they have No paper work on me but I have been paying them for 6+ years just from a Welcome letter and they re modified my mortgage on 06/2009 and I don't understand how they did that with No original signed Documents , I never had a mortgage with this lender I never signed anything other then A modification on 05/2009 nothing else
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LisaB4657's Avatar
LisaB4657 Posts: 3,517, Reputation: 2637
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#14

Sep 1, 2011, 05:14 PM


Unfortunately neither you nor anyone here knows the status of the ownership of the property. We're not going to be able to give you any more definitive of an answer than what you've already gotten. The attorney you'll be seeing will be in a position to determine the ownership and the status of the mortgage.
JMN1262 (Sep 1, 2011 06:33 PM): BECAUSE I HAVE SAID MANY TIMES THAT THE MORTGAGE COMPANY IS ON THE TAX DEED AND TITLE DEED   Source:
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LisaB4657's Avatar
LisaB4657 Posts: 3,517, Reputation: 2637
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#15

Sep 1, 2011, 06:36 PM


<sigh> I'm very sorry that you don't find my answers helpful. Maybe someone else here can give you a more helpful answer.
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Fr_Chuck's Avatar
Fr_Chuck Posts: 72,965, Reputation: 37216
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#16

Sep 1, 2011, 06:54 PM
This makes no sense,

In a contract for deed there is no mortgage to transfer. The deed is keep in the sellers name till the property is sold.

So the deed would not be in your name. If the seller, sold it to the bank ? Or did you take out a loan to pay off the seller.

What you are saying, just can't happen, it does not work that way. It sounds like the seller did something wrong.
But of course you would have the contracts and they can not change or alter them without you signing new ones.

You are obligated to pay the seller, not any mortgage, the seller pays his mortgage, you only pay the seller.

Next the lender is not on the deed, but a loan can be recorded
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