What can I do to help my inlaws with a real estate problem they have gotten themselves into?
Dave asked:
To put it briefly, My retired inlaws met a reator who convinced them to buy a bigger house. with a mortgage payment which is more than they bring home in a month. The realtor had them refinance their current house and take all the equity out and put it down on the new house. My inlaws were under the impression that their old house was being sold and they were getting an advance on their equity. It has been 7 months and the old house has not been sold. I found out that it was never even put on the market and their isn’t even a sign in the yard. To top it all off, I found out that they couldn’t get qualified for a bigger house on a fixed income so the relator found someone to cosign their loan. Now there is someone who they don’t know on the title for the new house with the $130,000 equity. What can I do to help them?
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To put it briefly, My retired inlaws met a reator who convinced them to buy a bigger house. with a mortgage payment which is more than they bring home in a month. The realtor had them refinance their current house and take all the equity out and put it down on the new house. My inlaws were under the impression that their old house was being sold and they were getting an advance on their equity. It has been 7 months and the old house has not been sold. I found out that it was never even put on the market and their isn’t even a sign in the yard. To top it all off, I found out that they couldn’t get qualified for a bigger house on a fixed income so the relator found someone to cosign their loan. Now there is someone who they don’t know on the title for the new house with the $130,000 equity. What can I do to help them?
July 20th, 2010 at 1:37 am
Get a lawyer and alert the authorities that someone is scamming the elderly in the area. Chances are, they are not the only victims. amysgetaways
July 20th, 2010 at 4:11 am
I would definitely speak to an attorney. The price it will cost you to pay for one may be what saves them. Nina
July 20th, 2010 at 7:15 am
You need to call the senior abuse group where your parents live. You can likely find it online to have the number ready first thing in the morning. They have been scammed by a group of crooks, the real estate agent, mortgage broker and this co-signer. The scam is still going on and you can not fix this by yourself.
I am so sorry to hear about this. Landlord
July 22nd, 2010 at 12:11 am
Find a real estate attorney on your area. Contact the state officials in regards to the realtor’s actions. Obtain all records for BOTH transactions, the refinance AND the new purchase. If the same mortgage professional was used, report them too. Please review the 1003 (mortgage application) on the new purchase - two pieces specifically - Real Estate Owned (REO section) what was stated as the disposition of the ‘other’ home. Second, review the 1003 for the other person on title and how they took title - ‘joint tenants with right of survivor ship etc. The attorney will want to address that.
The lender may/may not demand the broker or correspondent lender buy back the loan as a result of fraud - but have the attorney address that.
It is these types of Realtors and mortgage professionals that tarnish the lending arena.
I wish you all the best. valstpatrick
July 25th, 2010 at 3:37 am
look not to repeat above but you are dealing with a very times, fact sensitive issue, only a lawyer will be able to look at the facts see what is provable in a court of law and offer advice toward what can be done
but rest assure your only option at this point is a suit in civil court under particular state statute not a simple small claims case goz1111
July 28th, 2010 at 11:52 am
There are many places where you can get to have this problem resolved but the first step is to collect all documents and present them to a Real Estate Lawyer.
Contact the Department of Real Estate in your area, the Federal Trade Commission and the District’s Attorney.
Good luck!
I have a client that came to me and was also taken advantage of by “the number one in sales” agent in the area. They were misguided into buying a home 100% with an Option Arm on their first loan and 2 (TWO) Helocs on top of that. That’s not all, the listing showed as a 4bed 2bath but in the county records the property is legally only 2bed 1bath.
To top it off the property’s actual value is only between 600K and 620K and they purchased it for 670K. http://www.JRealEstate.blogspot.com
July 30th, 2010 at 7:17 pm
As a Professional I am embarassed for our industry when I hear of situations like this.
All of the advice you have received is good, and many of us are honest hard working people, but I hate how the bad apples make it harder for the people of integrity.
I hope you are able to throw the book at these scumbags.
Regards,
Robert Noakes
Real Estate Investment Consultant
Sr. Mortgage Planner
415.652.8112 Robert N