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Can I "walk" from my mortgage?

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fedup84

Junior Member
Hello everyone. I hope someone here can steer me in the right direction.

In November 2011 we bought a brand new condo. We were the first one to buy into this "new" association. Since then the "association" has been surrendered back to the bank and re-sold 3 times.

Now, I had no property tax due in 2012 as there were no assessments at that point. In 2013 we received our first property tax bill with the WRONG address (house/unit number 315, when we are 313). We contacted the city treasurer, who informed us to contact our County Land Records. We contacted them, they said it was the city's problem - contact building inspection. We contacted them, they said it was the "Declarants" problem. The declarant at the time was the bank... the same bank which holds our mortgage note and has been financing this whole project. I contacted them, their attorney informed me the land had been sold and it was the "new" declarant's problem. We were never notified through any of this of ANYTHING that was going on, let alone who to be paying dues to... which we ceased doing this April because NOTHING was getting done anyways - no snow plowing, no lawnmowing, no maintenance, etc.

Today someone showed up and started chopping down trees. After a few phone calls I find out the whole property has been sold AGAIN.

Now the above doesn't necessarily play into the mortgage situation, but after going rounds with everyone and getting nothing but finger pointing I gave up trying to get this address situation straightened out. I still don't know who's property tax we're paying, ours or our neighbors.

Then earlier this year our utilities account was cancelled and our power nearly disconnected because the bank which owned a vacant unit next to us gave the utility company OUR address. Once again I made it a point to get this situation corrected, contacting the President of the bank directly. He assured me they would fix it. Hasn't happened.

During this second attempt I come to find out from our County Land Records that we signed "amendment" in February 2012 to correct an issue of an incorrect "unit number" in the legal description. We were unit 7 and supposed to be 8 or some damn nonsense. But this document states NOTHING about an address change, nor were we told this would happen. Both our Deed and our Mortgage Note clearly state our address as 313. Matter of fact, even on this "corrected amendment" which also contained a NEW deed, it STILL lists us as 313.

We've become quite frustrated with the whole situation here, and while we love the property and home we're sick of this bank and it's incessant screw ups and lack of action. I was recently told by a friend who deals in commercial lending that, due to these issues, it may be possible for us to "walk" from the mortgage because (according to him) if the address is incorrect the mortgage is void. He told me to consult a real estate attorney to be sure, however it's Saturday so I can't do that until Monday.
Just thought I'd check here and see if anyone knows whether this is true or not.

Thanks for your time.

*PS - I am in Wisconsin if that matters.
 


LdiJ

Senior Member
Hello everyone. I hope someone here can steer me in the right direction.

In November 2011 we bought a brand new condo. We were the first one to buy into this "new" association. Since then the "association" has been surrendered back to the bank and re-sold 3 times.

Now, I had no property tax due in 2012 as there were no assessments at that point. In 2013 we received our first property tax bill with the WRONG address (house/unit number 315, when we are 313). We contacted the city treasurer, who informed us to contact our County Land Records. We contacted them, they said it was the city's problem - contact building inspection. We contacted them, they said it was the "Declarants" problem. The declarant at the time was the bank... the same bank which holds our mortgage note and has been financing this whole project. I contacted them, their attorney informed me the land had been sold and it was the "new" declarant's problem. We were never notified through any of this of ANYTHING that was going on, let alone who to be paying dues to... which we ceased doing this April because NOTHING was getting done anyways - no snow plowing, no lawnmowing, no maintenance, etc.

Today someone showed up and started chopping down trees. After a few phone calls I find out the whole property has been sold AGAIN.

Now the above doesn't necessarily play into the mortgage situation, but after going rounds with everyone and getting nothing but finger pointing I gave up trying to get this address situation straightened out. I still don't know who's property tax we're paying, ours or our neighbors.

Then earlier this year our utilities account was cancelled and our power nearly disconnected because the bank which owned a vacant unit next to us gave the utility company OUR address. Once again I made it a point to get this situation corrected, contacting the President of the bank directly. He assured me they would fix it. Hasn't happened.

During this second attempt I come to find out from our County Land Records that we signed "amendment" in February 2012 to correct an issue of an incorrect "unit number" in the legal description. We were unit 7 and supposed to be 8 or some damn nonsense. But this document states NOTHING about an address change, nor were we told this would happen. Both our Deed and our Mortgage Note clearly state our address as 313. Matter of fact, even on this "corrected amendment" which also contained a NEW deed, it STILL lists us as 313.

We've become quite frustrated with the whole situation here, and while we love the property and home we're sick of this bank and it's incessant screw ups and lack of action. I was recently told by a friend who deals in commercial lending that, due to these issues, it may be possible for us to "walk" from the mortgage because (according to him) if the address is incorrect the mortgage is void. He told me to consult a real estate attorney to be sure, however it's Saturday so I can't do that until Monday.
Just thought I'd check here and see if anyone knows whether this is true or not.

Thanks for your time.

*PS - I am in Wisconsin if that matters.

You are going to have to wait until Monday and contact a real estate attorney. This issue is really too complex for an internet message forum. Legally you may be living in a unit different than the one you officially purchased.
 

fedup84

Junior Member
Legally you may be living in a unit different than the one you officially purchased.

Those are my thoughts as well... and I don't think we can just arbitrarily "move next door"... not that we'd want to anyways. :eek:
 

justalayman

Senior Member
You can always walk away from your mortgage. What really matters is whether the lender will chase you and so far, I see no reason they wouldn't chase you.

Regardless what happens to the "association" and the rest of the property, you borrowed money to finance your purchase of a condo. Regardless of whether the address is considered to correct as you believe, it does not change the fact you owe what you signed for.

Just a note: growing up my address changed 3 times but I always lived in the same house. The address on the mailbox is not etched in stone. The legal property description is the only thing that really matters.
 

LdiJ

Senior Member
You can always walk away from your mortgage. What really matters is whether the lender will chase you and so far, I see no reason they wouldn't chase you.

Regardless what happens to the "association" and the rest of the property, you borrowed money to finance your purchase of a condo. Regardless of whether the address is considered to correct as you believe, it does not change the fact you owe what you signed for.

Just a note: growing up my address changed 3 times but I always lived in the same house. The address on the mailbox is not etched in stone. The legal property description is the only thing that really matters.

I don't disagree, but in this case it appears that there may be an issue with the legal property description, not just with the address. I really believe that the OP needs to get answers from a real estate attorney rather than from any of us.
 

justalayman

Senior Member
I don't disagree, but in this case it appears that there may be an issue with the legal property description, not just with the address. I really believe that the OP needs to get answers from a real estate attorney rather than from any of us.

Everybody that comes here should also be seeking answers from an attorney unless their point in being here is simply to find out is there is any real reason to seek out an attorney. While the op's situation is complex
And is not likely to find all the answers here and while you may not feel yourself qualified to give any more direction than to point out the exit, there are others here that are able to provide the op some level
of information concerning their issues.

It simply then becomes a matter of whether any of those people are willing and if the op has enough accurate information and putting them together. If nothing else, I have no doubt the op would leave here with some better level of understanding of the situation as well as some direction and quite likely some specific questions to ask
Of the lawyer they hire.
 

LdiJ

Senior Member
Everybody that comes here should also be seeking answers from an attorney unless their point in being here is simply to find out is there is any real reason to seek out an attorney. While the op's situation is complex
And is not likely to find all the answers here and while you may not feel yourself qualified to give any more direction than to point out the exit, there are others here that are able to provide the op some level
of information concerning their issues.

You are giving advice based on your understanding that the problem is merely an address problem, which clearly indicates that you did not thoroughly read the original post.

It simply then becomes a matter of whether any of those people are willing and if the op has enough accurate information and putting them together. If nothing else, I have no doubt the op would leave here with some better level of understanding of the situation as well as some direction and quite likely some specific questions to ask
Of the lawyer they hire.

Clearly the OP understood that there may be a problem with the legal description and therefore needs to address that with a real estate attorney. Your response was "rote" and clearly disregarded the fact that their may be a problem with the legal description...which would render your "rote" response as possibly irrelevant.

It is irresponsible of us to do anything more than refer this OP to a real estate attorney.
 

justalayman

Senior Member
Ya see, that is your lack of understanding.'i spoke to the address issue stating it is not an issue. I guess you missed the part in my post that said the address is irrelevant and it is the legal description that matters.

As they say in my line of work when dealing with an apprentice: just stay in the truck
 

LdiJ

Senior Member
Ya see, that is your lack of understanding.'i spoke to the address issue stating it is not an issue. I guess you missed the part in my post that said the address is irrelevant and it is the legal description that matters.

As they say in my line of work when dealing with an apprentice: just stay in the truck

Fedup84, get yourself a consult with a real estate attorney as soon as possible. I apologize for the fact that your thread degenerated due to personality conflicts.
 

fedup84

Junior Member
No problem, and will do.

However, to clarify, I re-reviewed my mortgage note and deed.

My (amended) deed says I own unit 8, which is the unit I reside in, although the address would be incorrect. My mortgage note, however, states I own unit 7. Hence, not only are the addresses wrong the legal descriptions do NOT match.
 

quincy

Senior Member
No problem, and will do.

However, to clarify, I re-reviewed my mortgage note and deed.

My (amended) deed says I own unit 8, which is the unit I reside in, although the address would be incorrect. My mortgage note, however, states I own unit 7. Hence, not only are the addresses wrong the legal descriptions do NOT match.

A unit number is not the legal description of the property. That is part of the address.
 

LdiJ

Senior Member
No problem, and will do.

However, to clarify, I re-reviewed my mortgage note and deed.

My (amended) deed says I own unit 8, which is the unit I reside in, although the address would be incorrect. My mortgage note, however, states I own unit 7. Hence, not only are the addresses wrong the legal descriptions do NOT match.

Yeah...this is definitely one that requires an attorney...you have a mess on your hands...and something that needs to be resolved sooner than later. The fact that the overall property has changed hands so many times just makes it more complicated.
 

justalayman

Senior Member
. Sorry that Lidj has poisoned this. Due to her actions, I'll leave this be and let you ask the lawyer everything rather than saving a couple bucks by investigating this a bit so you could understand the issue a bit better and have some idea what is going on./

best of luck to ya.
 

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