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    guitar queen's Avatar
    guitar queen Posts: 1, Reputation: 1
    New Member
     
    #1

    Feb 6, 2008, 08:31 PM
    Real fruad
    Hi; I like a answere to thease questions? My hus band and I did a refi on my home in 2/07 my husband passed away on the 10/20/07.and this person who claimming he bought a loan on my home from another company.that my husband took out only in his name. But my husband and I know this are wrong. After this person found out we had did a refi. And he didn't get any money because this person was not on my home's title. . This person has now file a judgement against me and my late husband. And now has started a notice to forclouse on my home. What can I do? I don't want to lose or sell my home. My lawyer are telling me to let it go into fourclosing and let this person be responsiably for paying off the 270k that I owe for the refi. And the 90k that he is claiming in a loan and legal fees. He won the legal fees because he changed the original set court date without notifying me or my husband. So we showed up on the original court date. Without notice.what can I do about this? My husband is decease. And I have put my son's name on my home title in the place of my late husband's. I am willing to pay the fruad loan just to keep my home my son wasraise there and my husband and I have owned our home for 23 years. We built it from a rag to a decent home and I love my home and my neighbors. Please help me. I'm hurting really bad.
    Thank you
    guitar queen
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
    Expert
     
    #2

    Feb 6, 2008, 08:39 PM
    Did you go to court and fight the judgement ?

    Have you called the police and chaged him with fraud?

    Have you had the paper worked checked for signutures

    Have you talked to the original lender,

    Who is he claiming he bought it from, what company
    Have you contacted that company and tried to find out anything. And no you don't have to put anyone's name on the deed of the home, not sure you even can without paying the loan off.

    And it sounds like you may need a new lawyer, if he is not investigating all of this.
    lfaulkner's Avatar
    lfaulkner Posts: 4, Reputation: 1
    New Member
     
    #3

    Feb 27, 2008, 08:53 AM
    Did this guy have a recorded dead of 2nd position at the court house? If so when you refinanced the Title office should have found this. If they didn't then this whole situation is there fault. Most Title offices have errors and omissions insurance to cover this. I would definitely appeal if its not to late and drag the Title office in on this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #4

    Feb 27, 2008, 08:58 AM
    You need a new lawyer. Your lawyer has to go back to the court and point out that you were never informed about the change in the hearing date and get you a new hearing. This guy has to PROVE that your husband got that loan and that he put up the house for collateral. Unless he can do that, then he has nothing. Even if he can prove that your husband did take out the loan, then the debt died with him. This guy may have a claim against his estate depending on how much was in it. But of you owned the home with right of survivorship then the home is not part of the estate.

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