Mortgage Lien

[celadd]

We bought a home under owner financeing in 1996 we had a ballon payment due 5 years later. We refinanced with Ameriquest, the owners where paid 70,000.00 from ameriquest, and we had 25,000.00 on the side to pay the owners( it came 250 a month)The owners are being represented by their son-in-law who I think is a realestate lawyer of somekind. He says we still owe 9000.00. The issue is this, the original purchase pf 100,000.00 was never removed from the title. Even if we owe this 9000.00 which he has failed to provide proper documents, the lien is still at the original amount, and won't change it until the 9000.00 is paid. Even after they reived monies from a mortgage co., and we have been trying to sell this house since may of 07.
We can not refinace due to this lien or sell until it is resolved. This man is very difficult to deal with, and our lawyer is at a loss. Is this man committing a criminal act of not changing the lien amount even after 6years.
Thanks Celadd

 

[davidsmom]

That should have been taken care of by your title company on the refinance. Did you use a title company? If so go back to them and have them make sure the proper documentation and releases were filed. If not it may be a problem to prove.

 

[celadd]

We have all documentation from this and can prove it, but the title clerk could not take our proof, it had to come from the lien holder.

 

[Scooterdog]

You can send them or the lawyer a letter for verification of debt.

Your state may have something called a "homestead decleration" or "homestead relief" which is a simple form you file. IN Montana, you are protected for the first $250,000. Even if a sale is forced, you would get the first $250,000. Some states don't have this, others are much lower if they do have it. I would look into it.

Here is an example VOD:

Jim R. Fair Sharon C. Fair
7605 N. W. 25th Terrace
Anytowne, Oklahoma 73000
405-789-0000

MIDFIRST BANK, N.A.
ATTN: Dewey, Cheatum, & Howe
6613 N. Meridian
Ash Shoals, Oklahoma 73123
(405) 720-0000
March 12, 2002
Re MIDFIRST BANK, N.A. ; Account NoOODISC22398
Hello (signature is unintelligible),
This is a request for validation. Please be advised that I am not refusing to pay, but I need the information requested in this correspondence before I can make any offer to settle this account. I would like to settle it as soon as possible and I may have a counter claim to set-off the disputed balance, this is why I am sending you these questions. Please answer the following questions relating to the disputed account and return them to me within thirty (30) days. If you need more time, or if you need any question restated, please make your request to me in writing.
1. Please state your name, occupation and mailing address.
2. Identify the source of the funds in the account that is the subject matter of this "judgment."
3. Produce all records, reports, memoranda relating to the source of funds relating this disputed account and list all other sources of information such as computer file names and names of databases or locations at which related information is located or accessible.
4. What was the account number of the account in which the funds were held prior to the opening of the account that is the subject matter of this lawsuit?
5. Who was the owner of each account or, list those individuals having signature rights to each account?
6. Identify the account that was debited when the disputed account was created.
7. Who was the owner of each account or, list those individuals having signature rights to each account?
8. Identify the source of the funds that created the disputed account.
9. Did the funds for the disputed account originate from another account or lending institution?
10. List the names and addresses of all lending institutions from which any funds were purportedly originated.
11. Please identify the account number from which the funds originated in order to create the disputed account.
12. Admit that no other account was debited when the disputed account was created.
13. If you denied that no other account was debited when the disputed account was opened or created, please identify the account that was debited by account number and the name or names of the debited account's signer, holder and/or owner, and explain how the funds for this account were originated.
14. If you denied that no other account was debited when the disputed account was opened or created, state the total balance of this debited account at the time the debit was made and, list the names of the signers on the account and the date that the account was opened along with the opening balance.
15. Admit that the defendant was the depositor for the account that is the subject matter of this lawsuit.
16. Please produce all documents and information, related in any way, to your implication or allegation that a loan was given to the defendant.
17. Which employee of the bank authorized the transaction?
18. If any loan origination system, software or other procedures were used in the opening of the disputed account, please identify the system by name and describe how it works.
19. According to the alleged loan agreement, was the purported lender or financial institution involved in the alleged loan to use their money as adequate consideration to purchase the promissory note from the alleged borrower? YES or NO.
20. According to the bookkeeping entries, did the purported lender or financial institution involved in the alleged loan use their money as adequate consideration to purchase the promissory note from the alleged borrower? YES or NO.
21. According to the alleged loan agreement, was the purported lender or financial institution involved in the alleged loan to accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO.
22. According to the bookkeeping entries, did the purported lender or financial institution involved in the alleged loan accept anything of value from the alleged borrower that would be used to fund a check or similar instrument in approximately the amount of the alleged loan? YES or NO.
23. Was the intent of the purported loan agreement that the party that funded the loan should be repaid the money lent? YES or NO.
24. Did the purported lender involved in the alleged loan follow Generally Accepted Accounting Principles, GAAP? YES or NO.
25. Were all material facts disclosed in the written agreement? YES or NO.
26. What is the name and address of any bank auditor or certified public accountant involved with or having any relation to the accounting function regarding the disputed account?
27. Identify the name of the records or system of accounting records or ledgers reflecting the transaction for the disputed account.
28. Were any loan numbers assigned to the disputed account?
29. If you answered yes to the above question, please list those account numbers.
30. Explain how each account was created or originated.
31. Explain how the funds for each account were deposited and where they originated.
32. Was an account created with the purported loan amount then debited to fund the disputed account?
33. Please explain your answer to the above question.
34. Please produce all records and tangible evidence relating to the questions herein and send them along with your response.
Best regards,
Sharon C. Fair Jim R. Fair

I think you get the idea.

 

[celadd]

We gave all proof to lawyer 2years ago, he never forced the previous owners to comply just said we own him 9000.00 before he would remove lien. Now we have 2 purchases offers for home, want to accept, how can we force this futher and quickly in our favor?

 

[celadd]

Thanks will look it up!!!

 

[Cvillecpm]

The original amount is always the same until paid off. You should have proof of your payments by cancelled checks.