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I have VA Mortgage on Property not in my name

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jbhenson

Member
What is the name of your state (only U.S. law)? Ga

I was left a home several years ago in a will with stipulations that I pay off my mother and fathers mortgage, I got a mortgage through a company in a different state and because the guy working there did something wrong, the property was never changed from my mother and fathers name into my name. I have been fighting with my niece and sister ever since then and still don't have the deed in my name.

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?
 
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Ohiogal

Queen Bee
What is the name of your state (only U.S. law)? Ga

I was left a home several years ago in a will with stipulations that I pay off my mother and fathers mortgage, I got a mortgage through a company in a different state and because the guy working there did something wrong, the property was never changed from my mother and fathers name into my name. I have been fighting with my niece and sister ever since then and still don't have the deed in my name.

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?
The guy at the mortgage company is not the one responsible. YOU are. You should have made sure that the probate court ordered the deed into your name. Until the probate court stated the house was yours, it is not.
 

jbhenson

Member
The guy at the mortgage company is not the one responsible. YOU are. You should have made sure that the probate court ordered the deed into your name. Until the probate court stated the house was yours, it is not.

Um, ok,

Ohiogal he committed fraud in this case, so you really don't have your facts straight. Why everytime I ask a question do you say something that is totally untrue and unfactual trying to insinuate I am culpable?

Im the only innocent one in my case plain and simple.

Im asking for help and you always try to place blame on me?

I was a first time buyer, I was under impression mortgage companies do title search, take care of everything, but somehow all this got around them somehow! So anyway can someone give me true answers here instead of trying to blame me?
 
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LdiJ

Senior Member
What is the name of your state (only U.S. law)? Ga

I was left a home several years ago in a will with stipulations that I pay off my mother and fathers mortgage, I got a mortgage through a company in a different state and because the guy working there did something wrong, the property was never changed from my mother and fathers name into my name. I have been fighting with my niece and sister ever since then and still don't have the deed in my name.

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

No, they are victims too. The title company however may bear some responsibility.

Can I get back the money I have paid them?

No, the mortgage company is a victim also.

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?

They would go after you personally.

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?

They could sue you, get a judgment against you, and then put a lien on the home.

Your only solution to this problem is to get the house deeded into your name. You need to deal with your sister and your niece.
 

jbhenson

Member
No, they are victims too. The title company however may bear some responsibility.



No, the mortgage company is a victim also.



They would go after you personally.



They could sue you, get a judgment against you, and then put a lien on the home.

Your only solution to this problem is to get the house deeded into your name. You need to deal with your sister and your niece.

If I have nothing because I am disabled Vet, what then, they can't get blood from a rock?


Does that mean in essence that for purposes of the court the house has no debt then?


How do I find out who the title company is?

Id like to just keep paying my bills and have my home I am paying for but the legal bills are adding up and I dont have funds to find for ever. Right now I am representing myself, because I fired an attorney. Pro Se, oh well.

But id like to make whoever should have prevented this, get me some help straightening it out!
 

Ohiogal

Queen Bee
Um, ok,

Ohiogal he committed fraud in this case, so you really don't have your facts straight. Why everytime I ask a question do you say something that is totally untrue and unfactual trying to insinuate I am culpable?

Im the only innocent one in my case plain and simple.

Im asking for help and you always try to place blame on me?

I was a first time buyer, I was under impression mortgage companies do title search, take care of everything, but somehow all this got around them somehow! So anyway can someone give me true answers here instead of trying to blame me?

Why have YOU started 6 threads about this dang house? No really. YOU WERE TOLD NOT TO DO THAT. Maybe if all the information were together you would get a cognizant answer. YOU don't own the house. YOU owe the money. But don't own the house.
 
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LdiJ

Senior Member
If I have nothing because I am disabled Vet, what then, they can't get blood from a rock?


Does that mean in essence that for purposes of the court the house has no debt then?


How do I find out who the title company is?

Id like to just keep paying my bills and have my home I am paying for but the legal bills are adding up and I dont have funds to find for ever. Right now I am representing myself, because I fired an attorney. Pro Se, oh well.

But id like to make whoever should have prevented this, get me some help straightening it out!

The information on the title company should be in your closing documents. Where did your closing take place?
 

jbhenson

Member
Cease and Desists?

Why have YOU started 6 threads about this dang house? No really. YOU WERE TOLD NOT TO DO THAT. Maybe if all the information were together you would get a cognizant answer. YOU don't own the house. YOU owe the money. But don't own the house.

And I have asked you NICELY 5 or six times not to waste your time yelling nothing at me!

Its idiotic to place a different question about a totally different subject in the same area, so Im gonna ask a question about a mortgage in wills and estates section?

Sounds stupid to me, but hey keep wasting my time, can you please stop wasting my time, please cease and desist?

This post might just help someone else who has the same issue, Im sure they wouldnt look in estates section for a mortgage question, but thats just me!
 

justalayman

Senior Member
And I have asked you NICELY 5 or six times not to waste your time yelling nothing at me!

Its idiotic to place a different question about a totally different subject in the same area, so Im gonna ask a question about a mortgage in wills and estates section?

Sounds stupid to me, but hey keep wasting my time, can you please stop wasting my time, please cease and desist?

This post might just help someone else who has the same issue, Im sure they wouldnt look in estates section for a mortgage question, but thats just me!
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.
 

Ohiogal

Queen Bee
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.

OH good grief. Look at the OP's other five threads dealing with the issue and that will issue as to why the home was not put into his name. He thinks he is special. He needs to hire counsel to sort out his legal issues. Quite frankly he may have committed a crime.
 

OHRoadwarrior

Senior Member
Apparently, you supplied the information for and signed the loan documents claiming to be the home owner. If you default on the loan or they call it and you do not pay, don't bend over in the shower.
 

justalayman

Senior Member
OH good grief. Look at the OP's other five threads dealing with the issue and that will issue as to why the home was not put into his name. He thinks he is special. He needs to hire counsel to sort out his legal issues. Quite frankly he may have committed a crime.

Oh, I know. I was simply referring to his statement about why he posted this in the mortgage topic rather than probate. I figure he is never going to get an answer he is happy with so I kind of quit trying actually.
 

LdiJ

Senior Member
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.
 
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