I have VA Mortgage on Property not in my name

[justalayman]

you can argue he was a victim but somewhere along the way he had to have been less than honest regarding his application for financing to have gotten where it is. Unless things have changed, to obtain a VA loan you have to attest to it being a primary residence.

All of this should have been discovered by the title company

what do you think they were obligated to discover and what do you think they didn't discover that allowed this mess? the title company's title search will be for status if title prior to the application for the insurance. Then, what a buyer and lender do with that info after that is up to them. If insurance is purchased, it will have disclaimers to protect the title company from known issues.

This mortgage SHOULD NOT have happened. Somebody massively screwed up and it wasn't the OP.

it may have been not just the op but it is definitely the op as well as the others.

 

[justalayman]

and after going back and reading some of the OP's other threads, it would appear the will involved has still not been through probate.

heck we don't even know how title was held between the parents.


OP needs to hire an attorney to review everything and go from there. He is so confused but so insistent on being right he is beyond help./

 

[jbhenson]

Finnally someone gets it

I am more than a bit disappointed with the responses on this thread...maybe even mine included.

This guy is a VICTIM...none of this should have happened. All of this should have been discovered by the title company (or the real estate attorney if a title company wasn't involved) before this mortgage ever happened. This mortgage SHOULD NOT have happened. Somebody massively screwed up and it wasn't the OP.

Now...that doesn't mean that the OP cannot be held responsible for the mortgage, but it does mean that some entity could be held responsible to him.

There is also the possibility that his sister actually signed documents as part of his closing that actually relinguished her share, but nobody has figured that out yet.

I didnt do anything wrong, in fact, I told the mortgage guy handling the loan that the insurance lady said I couldnt get insurance in my name UNTIL the property was in my name, I also have emails from him saying tell her we are going to put the property in your name, we just need insurance in order to do it. She then gave me insurance which I supplied, and I thought he was taking care of the name change etc. I just expected them to do everything, and now Im royally in a mess, with no help because I can't afford an attorney due to me being disabled vet barely feeding my family.

 

[jbhenson]

and after going back and reading some of the OP's other threads, it would appear the will involved has still not been through probate.

heck we don't even know how title was held between the parents.


OP needs to hire an attorney to review everything and go from there. He is so confused but so insistent on being right he is beyond help./

I am right, beyond a shadow of a doubt, I did nothing wrong, my parents wanted me to have the house, but I have someone committing a crime, my niece by not following the will, delaying it tortously, and I have a loan supplied by a company who instead of financing my home, refinanced it under my mother and fathers name, yet put the loan in my name, HOW the HECK does this happen?

Alot of crimes occuring, but I have done absolutely NOTHING dishonest or illegal.

 

[jbhenson]

you can argue he was a victim but somewhere along the way he had to have been less than honest regarding his application for financing to have gotten where it is. Unless things have changed, to obtain a VA loan you have to attest to it being a primary residence.


what do you think they were obligated to discover and what do you think they didn't discover that allowed this mess? the title company's title search will be for status if title prior to the application for the insurance. Then, what a buyer and lender do with that info after that is up to them. If insurance is purchased, it will have disclaimers to protect the title company from known issues.


it may have been not just the op but it is definitely the op as well as the others.

You making an assumption that is incorrect, I did nothing wrong, the issue is not whos culpuable, I know whos doing the wrong things, I just want to know how to fix it. You all seem more concerned with the things wrong than helping, why?

 

[jbhenson]

Executor is delaying

the problem here though apparently stems from a probate issue. The mortgage is a non-issue actually. Due to that, it really is not a mortgage question.


So, why didn't the home get put into your name? That is an activity performed during probate by the personal representative or executor. You need to check the probate file and if needed, contact the PR or executor about the issue.

For some reason the executor, also an heir is delaying the transfer, she has already given everything else to everyone, she just refuses to sign it over to me. Im going to a conference next week with her attorney to ask them to show cause, I have a claim against estate for more than the value of house, but they keep trying to add conditions, Like I wont sue my neice for her handling of the estate. I also petitioned the court for accounting, because she has refused to give any details of how money was spent, after she robbed my house while I was gone.

I think she believes that if she waits long enough, and makes it a hassle big enough, I will die ( I had a stroke last year because of this) or I will give up. Maybe somehow she thinks she can take the propert'sy equity I have built away from my wife and son, somehow if I die!

 

[justalayman]

You making an assumption that is incorrect, I did nothing wrong, the issue is not whos culpuable, I know whos doing the wrong things, I just want to know how to fix it. You all seem more concerned with the things wrong than helping, why?

. VA loans are some of the most pain in the ass loans to close on due to the rigidity of their rules. When you apply for a loan, the first thing is you have to attest to it being a owner occupied home. obviously that cannot happen if you do not take title. Then, at closing, the lender is going to insist there are documents transferring title to you. I have seen closings come to a fast halt where there was anything missing from the required documents.

For some reason the executor also an heir is delaying the transfer, she has already given everything else to everyone, she just refuses to sign it over to me.

and you have addressed the probate court concerning this how many times? and their response was?

and makes it a hassle big enough, I will die ( I had a stroke last year because of this)

No you didn't. You may have had a stroke but it wasn't because of this. A stroke is a result of a physical issue. While the stress may have exacerbated the physical issue, the underlying physiological cause of the stroke was still present within you. At best it hastened a stroke you would have eventually had...

but so would the neighbor kids yelling and screaming and playing pranks on you or a near accident while driving or riding in a car and anything else that increased your instantaneous stress level.

Maybe somehowq she thinks she can take the property equity I have bult somehow then!

equity? what equity do you have in the property/

refinanced it under my mother and fathers name, yet put the loan in my name, HOW the HECK does this happen?

well, somewhere along the line you signed some papers accepting liability for the loan and did not require your parents to divest their interest to you. Why would you do that?


since probate has not been completed yet, you need to be knocking on their doors trying to find out what is happening. Get a copy of the file as it stand and start reading.

Then get all of your mortgage paperwork and read all of that.

once you have done that, come on back and have all of that on hand so you can answer questions rather than just continuing to lament on how bad your sister is and all that is wrong with the world. Then, maybe somebody can give you a bit more direction.

 

[TigerD]

justalayman is correct about the PITA aspect of VA loans. I started one a while back and before we got half way through the process, went with an FHA.

OP: Your issue is unnecessarily complicated. You need to go hire an attorney. Stop trying to do this yourself. You are not capable of sorting through it. You need an attorney with probate and real estate experience.

I'm not saying you are wrong. But it doesn't appear that you actually understand what has happened and in happening. Get professional help - hire an attorney.

Good luck.

DC

 

[jbhenson]

justalayman is correct about the PITA aspect of VA loans. I started one a while back and before we got half way through the process, went with an FHA.

OP: Your issue is unnecessarily complicated. You need to go hire an attorney. Stop trying to do this yourself. You are not capable of sorting through it. You need an attorney with probate and real estate experience.

I'm not saying you are wrong. But it doesn't appear that you actually understand what has happened and in happening. Get professional help - hire an attorney.

Good luck.

DC

Maybe you don't understand, I cant afford it. Ive tried to think of ways I could afford it, things I can sell etc. I sold my second car trying to pay for the first attorney who didnt read some papers that almost got me to sign over 1/2 of the house to my niece. I only caught this little fact they tried to sneak by me by reading VERY carefully all the documents they wanted me to sign a month ago. I refused and fired him. Now I have nothing else I can sell to raise the moeny I need. Every attorney has a magic number the lowest is 2500. I dont even have 100 dollars left over at end of month after I buy food, and other necissities for family.

After the last round of sneaky moves, I filed 2 law suits in small claims FORMA PAUPERIS, the claims were 1 against my sister for her part of my parents debt I paid off. If she doesnt want to sign off on the house, ok, she can pay me back her portion of the debt and then I can force a sale of it with my 5/6 once I get the part my niece is holding up.

The other small claim is against my niece for the interest I have had to pay, attorney feees etc. Im so sick of this stuff, and the courts allowing it to delay, but its a good old boy attitude here. They protect the attorney she hired because hes the county prosecutor. Its fun times! LOl

 

[jbhenson]

. VA loans are some of the most pain in the ass loans to close on due to the rigidity of their rules. When you apply for a loan, the first thing is you have to attest to it being a owner occupied home. obviously that cannot happen if you do not take title. Then, at closing, the lender is going to insist there are documents transferring title to you. I have seen closings come to a fast halt where there was anything missing from the required documents.


and you have addressed the probate court concerning this how many times? and their response was?

No you didn't. You may have had a stroke but it wasn't because of this. A stroke is a result of a physical issue. While the stress may have exacerbated the physical issue, the underlying physiological cause of the stroke was still present within you. At best it hastened a stroke you would have eventually had...

but so would the neighbor kids yelling and screaming and playing pranks on you or a near accident while driving or riding in a car and anything else that increased your instantaneous stress level.

equity? what equity do you have in the property/



well, somewhere along the line you signed some papers accepting liability for the loan and did not require your parents to divest their interest to you. Why would you do that?


since probate has not been completed yet, you need to be knocking on their doors trying to find out what is happening. Get a copy of the file as it stand and start reading.

Then get all of your mortgage paperwork and read all of that.

once you have done that, come on back and have all of that on hand so you can answer questions rather than just continuing to lament on how bad your sister is and all that is wrong with the world. Then, maybe somebody can give you a bit more direction.

I had no physical issues, the only thing in my life going on negative is this crap, I would respectfully disagree with you on that, and the doctor involved at the hospital said it was due to stress. I dont know how you can diagnose it better than my doctor who sees me, but hey if your a doctor too, ok, I guess thats your opinion.

As for probate court doors, I have spent the last few weeks in their valt reading, and I have gotten more help than here. People seem to want to blame instead of help. Not what I came here for, but oh well. Im still trying hoping some people will be helpful instead of the constant berating.

Yes the process was a pain, but somehow I have the misfortune i having it go through. I signed the loan thinking the mortgage company was changing the property to my name, because he asked for copys of the will, etc. I trusted them.

The process in probate court is being dragged out tortously by my niece. They keep waving the exectrix deed to assent UNSIGNED in front of me, trying to get me to do one thig or another they want me to do, along with an unsigned quit claim deed from my sister. Then when a simple typo is found on the document they rewrite it again, and next time it has some grievous error that I cath and refuse to sign. This has happened over and over again. I paid one attorney 250 dollars to prepare the documents and they refused to sign them. I have to meet with Judge and opposing counsel in judges chambers tuesday. the reason I came here to ask questions. So far unanswered.

 

[Proserpina]

Let's put the stroke issue to bed please.

Stress can lead to certain biological responses which can increase the risk of stroke. Stress in and of itself however does not cause stroke.

Thank you, and goodnight.

 

[jbhenson]

Let's put the stroke issue to bed please.

Stress can lead to certain biological responses which can increase the risk of stroke. Stress in and of itself however does not cause stroke.

Thank you, and goodnight.

Ok, it was a simple statement, I wasn't asking could I sue due to having a stroke, merely making a simple statement which somehow diverted everyone away from the questions at hand, how to best proceed. Everything becomes convoluted, diverted or you are viciously attacked why?

Actually no forget that question, just help me with this question. The attorney says no one is saying the house doesn't belong to me, they just keep delaying the transfer, he says simple mistakes, I dont think ANYONE could be that incompetent especially not the solicitor General for the county. So how can I get them to sign my documents?

I have to meet with them tuesday.

And BACK to my original questions please!


Can I sue the mortgage company for allowing this to happen?


Can I get back the money I have paid them?

Can I stop paying on the loan, they cant foreclose on that property because legally I don't own it, what recourse would they have?

If I stopped paying the mortgage then later on got the house changed over to my name, legally would they have a right to the house?

Could I argue it in court?

 

[Ohiogal]

Ok, it was a simple statement, I wasn't asking could I sue due to having a stroke, merely making a simple statement which somehow diverted everyone away from the questions at hand, how to best proceed. Everything becomes convoluted, diverted or you are viciously attacked why?

Actually no forget that question, just help me with this question. The attorney says no one is saying the house doesn't belong to me, they just keep delaying the transfer, he says simple mistakes, I dont think ANYONE could be that incompetent especially not the solicitor General for the county. So how can I get them to sign my documents?

I have to meet with them tuesday.

And BACK to my original questions please!


Can I sue the mortgage company for allowing this to happen?


Can I get back the money I have paid them?

Can I stop paying on the loan, they cant foreclose on that property because legally I don't own it, what recourse would they have?

If I stopped paying the mortgage then later on got the house changed over to my name, legally would they have a right to the house?

Could I argue it in court?

YOu can sue the mortgage company. Anyone can sue anybody for any reason. Will you win? Most likely not. YOU accepted the money knowing the house wasn't in your name and probate was not completed.
Stop paying and you may find yourself with a criminal complaint for fraud. A felony complaint at that.
Yes the bank would have a right to a lien on the house. You can argue whatever in court but since you haven't been able to rectify simple situations before you got this loan, that shows you don't have the capability to represent yourself in the entire issue. So quit doing it. This mortgage relates to the will/estate issue. They are all intertwined.

You can get a mortgage on a property you don't own. Happens every day. At the time of closing the property is supposed to be transferred in to your name. YOU couldn't do that but some how (through wrongdoing on your own part) you still signed the mortgage -- bet it states that you were the owner at some point in that paperwork which means your signature on the mortgage was fraud. You received the money by fraud.

 

[LdiJ]

Ok, it was a simple statement, I wasn't asking could I sue due to having a stroke, merely making a simple statement which somehow diverted everyone away from the questions at hand, how to best proceed. Everything becomes convoluted, diverted or you are viciously attacked why?

Actually no forget that question, just help me with this question. The attorney says no one is saying the house doesn't belong to me, they just keep delaying the transfer, he says simple mistakes, I dont think ANYONE could be that incompetent especially not the solicitor General for the county. So how can I get them to sign my documents?

I have to meet with them tuesday.

And BACK to my original questions please!


Can I sue the mortgage company for allowing this to happen?


Can I get back the money I have paid them?

Can I stop paying on the loan, they cant foreclose on that property because legally I don't own it, what recourse would they have?

If I stopped paying the mortgage then later on got the house changed over to my name, legally would they have a right to the house?

Could I argue it in court?

I have already answered these specific questions. If you have any cause of action against anyone, it would be the title company.

 

[justalayman]

jbhenson;3226281]I had no physical issues, the only thing in my life going on negative is this crap, I would respectfully disagree with you on that, and the doctor involved at the hospital said it was due to stress. I dont know how you can diagnose it better than my doctor who sees me, but hey if your a doctor too, ok, I guess thats your opinion.

you're missing the point. Stress does not cause a stroke.. I have to guess you have no idea what a stroke is or you would realize it just isn't going to happen without some underlying cause. While the stress may have exacerbated that underlying issue, it was not the actual cause of the stroke.

As for probate court doors, I have spent the last few weeks in their valt reading, and I have gotten more help than here. People seem to want to blame instead of help. Not what I came here for, but oh well. Im still trying hoping some people will be helpful instead of the constant berating.

since you want to whine and blame, you are getting that. When asked for factual information, you blame the mortgage company and your sister and everybody else but apparently take no real action to discover the actual issue.

Yes the process was a pain, but somehow I have the misfortune i having it go through. I signed the loan thinking the mortgage company was changing the property to my name, because he asked for copys of the will, etc. I trusted them.

well, gee SURPRISE.


the mortgage company doesn't change the title to anybody's name. Whoever the owner is does that. The is the ONLY entity that can execute a deed transferring their interest to you. So, who failed to execute that deed to transfer title to you?

Oh, that's right; your parents or your sister or your sister as the executor or.....gee, who else can we blame for your problem?

The process in probate court is being dragged out tortously by my niece.

and what are YOU doing about it? You do have some rights here. If you fail to enforce them, you lose them.


.

I have to meet with Judge and opposing counsel in judges chambers tuesday. the reason I came here to ask questions. So far unanswered.

gee, here it is how long after you started with the problems you finally are talking to the probate court?