Mortgage Forum

Mike

I requested all documents & disclosures that were related to my loan from my mortgage company and finally received them. I really think I need to have a forensic loan document audit because I am seeing things that are totally not right, I don't think.

They did not send a copy of the good faith estimate & I do not recall ever getting one because we were not supposed to close until the end of September & the broker called on the 9th and had us rush to a title office to have a complimentary closing.

We did not sign the loan application until at the closing. The loan application states that the income is solely my income & not my spouses. I have been a homemaker since 2002 with no income & I told the AMC rep. this. He was the one filling out the loan app. over the phone.

They had us to sign things stating that we received certain papers in which we did not receive. The person at the title office was just shoving the papers at us one after the other and the closing took about 15 - 20 minutes. I really am not sure if it is my signature or initials on 1 or 2 of the pages. The appraisal they obtained was for $90,500 we only paid $42,500 when we purchased it & the appraisal then was i think like $45,000.

They have our house as a comparable to my husband's grandparents house in town on a lot which is worth a lot more than our house. Their house has never been for sale but it has a sale price listed on the appraisal.This loan I am referring to the predatory lending on was supposed to be a home equity loan.

We originally purchased in 1994. This "predatory" loan was in 2005. The security document says Home Equity loan but in the documents & application it is referred to as a refinance. There are lots more problems within the documents also. They have foreclosed on our house & are now in the process of getting a force able detainer.

I filed for continuance on it & it was granted. The papers for the force able detainer were filed in my husbands name using my S.S. number is that legal? I have been unable to find an attorney in Texas that deals with mortgage fraud or predatory lending. We did not participate in the class action against Ameriquest but did receive notice that we were eligible to from the State Attorney Generals Office.

Does anyone here know of an attorney that practices this type of law in Texas? I don't know if this says anything or not but when the rep. from Citi Residential ( which is the servicer now bought from Ameriquest)faxed me all of these documents she sent a letter stating : You acknowledge and agree that the appraisal report is being supplied by AMC Mortgage Services without any representations or warranties as to its contents .

It also says that I have to agree not to seek any damages or redress to claim any damages against the appraiser arising from the use of this apprasial report. Then it goes on to say that I agree not to hold AMC, shareholders, officers, directors or affiliates liable for any claims, or damages resulting i my use of the apprasial report. It also says that I can not share the apprasial report twith anyone,it is to be kept confidential. That if I do not agree to these terms I have to send the apprsial report back to them.

This is just a short form of what it basically says. I am in desperate need of some legal help in Texas or anywhere that can help me. We have talked to our local bank loan officer where we had our house financed before this home equity and because of the foreclosure on our credit obtaining other financing is going to almost impossible he said. He would do it if it weren't for that & still would he said if it did not have to go before the board to be approved, because he knows the situation & what has happened.

Please advise me of an attorney in Texas that practices this type of law. The State bar association can only give me the attorney's that practice consumer law & so far none of the ones they have given me handle this. The consumer law website is the same way I can't find one specifically in this area of law. Thank You, Lesli