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Can a real estate lender accept mortgage ...

can a real estate lender accept mortgage applications from a broker who in indicted. My exhusband took a reverse mortgage.  I signed a quickcaim deed as I was not 62, but I have a contract with my exhusband that when I am 62 the house is transferred to me.  I have just found out that the broker and my exhusband put false inf0rmation on the claim. When ex got court papers for support, he notified the lender that he had moved to another state. In addition I learned the broker was not licensed. He was investigated and ordered to ceise & desist.  (I now find out that the lender has put the house in foreclosure.  Also the lender just got sancanted by the FTC for 1. accepting to many applications and not reviewing them, just giving the morgage, plus a lack of security system and violation of the Privacy Act.  I have found out that my estranged sister has been handling the mortgage, not my ex and she tells the lender that she is my caretaker.  I have called and written many letters asking for a court issued order giving her guardianship. Plus a copy of the powerof attorney that she has from  my ex.

After a year of fighting this, they have put a hold on the foreclosure until I provide them with all substancial evidence.  If the lender knew the broker was under indictment, should he have stopped doing business with him? Also if the lender knew the applications were fraud, shouldn't they have automaticcaly reviewed and verified the info? Do I have any rights in this mess?  The lender was wrong aso in assuming she was my caretaker When I wrote them 3 times, they still continued to deal with her.  Where I quickclaimed the deed with conditions,  would that be a clear title? Now I am 62 trying to fight for my home back and don't know where to start.  If any9one can figure this or any part ot it, PLEASE help me.  I have renal kidney failure and don't want to ose my home that I have had for 31 years.

Any advice would be appreciated. 

 


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Hi Denice,

Your questions are very complicated to answer.  I am a loan fraud investigator and can only advise you to get to a good real estate attorney for advice.

The lender probably did not know the issues concerning the licensing of the broker.  This is not something that they necessarily check.  If underwriting had done their job properly, falsification in the application should have been caught.

There are many issues here that are difficult to answer without seeing your documents and any other documents pertaining to the issue, recording of the Deeds, etc.

Please feel free to contact me if I can be of assistance.  I can also attempt to direct you to a lawyer in your locale. 

925-757-2345

Lynn - Loan Fraud Investigators

 

Posted 2009-07-28T16:17:26Z
Lynn was invited by Yedda to answer this question.

 
2 helpful answers

Reverse Mortgage Specialist

>>If the lender knew the broker was under indictment, should he have stopped doing business with him?

Yes

>>Also if the lender knew the applications were fraud, shouldn't they have automaticcaly reviewed and verified the info?

Yes

>>Do I have any rights in this mess?

Yes - you should seek legal counsel

Posted 2009-08-30T23:06:37Z

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