Posted on July 14, 2010.
My mortgage company said that my deed of trust was never recorded. And now? I bought my house in 2004. The mortgage company has just sent a Fed Ex package that is my "Money purchase deed of trust." They say he has never been registered and must be signed by me. They have already signed.
Is there any reason I am signing this at this point at the end of time? If she has never been registered, it's actually a bonus for me, right? This means they have no right to my share if I default, yes? Legally, I am obliged to sign this if it was their mistake that they never recorded / she made?
This means that the privilege is not a public document. Meaning any attempt to re-fi, it will be a mess. Meaning of the note is still in force.
This means that it was a mistake and fix it quickly is your best shot.
For the uninitiated here, an act of trust is another name for an instrument of mortgage, not a fee simple deed transferring the interest in the owner.
You still own the house, the trustee has a lien on the property in the amount of the note you signed,
Talk to your real estate agent or knows someone housing laws.
It could also mean that without the sign, you have not registered deed and are not the owner of the house.
If you do not sign, you are not technically the owner of record with the county. And who knows what kind of sentence that would bring. So if you refuse to sign the mortgage company could claim fraud and call the loan to be paid in full, payable immediately. You would then have to sell or refinance. But the county would be no trace of you own the property. The bank could then exclude, and you lose the property and have ruined the credit for the next 7 years.
In your details, you say that the mortgage company actually has. Exactly. Currently, you have no right to occupy this house. And the bank could have you arrested for trespassing if you want to make an issue out of it.
Signature of the act. It's really in your best interest. Besides, you should keep your side of a market. That is what integrity is all about.
Contact your lawyer and have him review the new act and what you signed at the closing to ensure that they are the same. You should have received copies of the close monitoring by a registered copy of the instruments. Do you have them? He will be able to explain all your options for you and the consequences of each ..