Ask Me Help Desk - Deeds and Titles

I rcvd a Warranty Deed and a Title in the mail back in July of 2006 I was in a foreclosure and I bought the house in 2004 and argent carried the mortgage,two months after the house was sold to countrywide and I knew nothing of the deal and the house went into the foreclosure and when I did receive the paperwork it was reading wells fargo and when I spoke to them they told me the bank bought back the house,I found out that the title work never transferd and the original deed was never filed,I have all the original docs and they came with a letter from the title company saying they were sorry that it so long and here is the original deeds and title,but in the mean time I got a letter from the courts saying I will be evicted I have to go to court at the end of the month and I know something is wrong here but in cleveland Ohio I don't know what atty to trust.need some help here

Ok, mortages are bought and sold, and who has or owns the mortgage should have nothing to do with receiving your warranty deed. ( at least in our state) the deed is transferred at closing. The mortgage which is a lien can be bought and sold a dozen times so who you actually owe the money to can change from year to year on various loans. But they merely change the lien notice on the property.

So I will think you bought a house in 2004 and at some point could not pay and the bank or loan company forclosed ? Or are they currently in the process of foreclsoure.

You need a good real estate attorney, if you are late with payments you can talk to a bankruptcy attorney about filing a chapter 13 maybe to be able to work out payments on back amount due if you can keep the current payments up. ( but you need to talk to a bankruptcy attorney about that)

If you need to talk to a good attorney you can check with the local bar association for a good recommendation, or talk to a real estate broker you trust about a recommendation on one

Quote:

Originally Posted by Denyce

I dont know what atty to trust.need some help here

Hello Denyce:

The only way to find one is to shop well. Start with any recommendations from people you trust. Then go through the yellow pages. Then spend a LOT of time of the phone with them - take plenty of notes.

Narrow them down to three, then pay a pesonal visit to each one.

excon

[QUOTE=Denyce]I rcvd a Warranty Deed and a Title in the mail back in July of 2006 I was in a foreclosure and I bought the house in 2004 and argent carried the mortgage,two months after the house was sold to countrywide and I knew nothing of the deal and the house went into the foreclosure and when I did receive the paperwork it was reading wells fargo and when I spoke to them they told me the bank bought back the house,I found out that the title work never transferd and the original deed was never filed,I have all the orginal docs and they came with a letter from the title company saying they were sorry that it so long and here is the orginal deeds and title,but in the mean time I got a letter from the courts saying I will be evicted I have to go to court at the end of the month and I know something is wrong here but in cleveland Ohio I don't know what atty to trust.need some help here[/QUOTE)

If you have the original Deed and Title and they were never recorded, all they have is the promissory note.

Ask at the court house, about attorneys in your area, call some in the phone book and explain the problem to them.

I just dealt with Argent Mortgage Company on the same thing. Make whom ever claims they hold the mortgage to prove it, they them to produce the deed and title if they can. Important, do not admit to anything until they produce the original promissory note for you to compare signatures. File NOtice with the court intend to defend and Motion to dismiss, failure to stated claim upon which relief may be granted, Lack of jurisdiction.

I just want to make sure I'm clear on the situation. You bought a house in 2004 and you haven't been able to keep up payments so they are foreclosing. Is that correct? If so the business with the deed is superfluous. The thing you have to worry about is either paying the mortgage or finding someplace else to live. If we have read this wrong, please elaborate.