Foreclosure

What legal court action can I take against my new mortgage co. that has violated the mortgage contract and FHA RESPA section 6?

I and my wife own 1/2 undivided interest and my parents owned the other half in a duplex that we all lived in at the time under a 30 yr. ARM HUD/FHA escrow insured loan. 20 yrs. into it our former mortgage co. began to make changes to the terms and to the contract without written notice. We submitted verbal complaints. They were not corrected. My parents passed away shortly afterward. The mortgage co. sold the contract. The new mortgage co. has denied that we are equal borrowers under the note. That is false. We ARE included in every legal recorded document. We submitted a 17 pg. written complaint under RESPA reserving private action under section 6. They confirmed receipt but they NEVER responded in accordance to the law. We are now in default because of their actions. What should we do?

Nathan’s Answer

The statute of limitations may have run on this matter in relation to loan origination. Foreclosure defense by way of lawsuit and seeking restraining orders against the sale of the property would have to be based on properly alleged causes of action for conduct for more recent actions than 2 decades ago. Review by a qualified attorney would help assess whether violations under the Homeowner's Bill of Rights for example, exist.

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