Sticky Situation with correspondent mortgage lender

jjp1926 · Joined: 06 Aug 2007 Posts: 1 2.00 Dollars($)

Question is this: can the mortgage broker prevail in a foreclosure against a homeowner for "material misrepresentation" (there really is none), and the lender/servicer not be aware? The broker (correspondent mortgage lender) placed the loan which had a condition of no prior homeownership for 3 years. This was met, but broker claims it was not, and filed suit. The homeowner, however, has since buying the property in 2005, made payments directly to the lender (assigned at closing by the broker), and has even refinanced the loan with the lender owing to a job loss (loss mitigation). The broker has never notified the homeowner properly as per the mortgage documents, and has refused to give the homeowner the name/names of the persons at the lending institution they claim are calling back the loan from them. The homeowner is also up-to-date on mortgage payments, and has called the lender/servicer on several occassions and asked if they have transferred the account to their foreclousre department; they have not. The only notice the homeowner received after 2 phone calls in 18 months was the actual service of the lawsuit.

Would the homeowner's title policy be applicable in such a case?

Thanks for your help.

miller_st · Joined: 17 Jan 2007 Posts: 917 168.84 Dollars($)

larry · Joined: 27 Jun 2007 Posts: 3328 473.51 Dollars($)

Hi Jjp,

I suppose you have all the documents related to the loan taken from the correspondent mortgage lender. In that case, you can show them as evidences to an attorney and can actually trace out if the broker is involved in it or not.

kenstampe · Posted: Tue Aug 07, 2007 9:27 am Post subject:

jjp1926,

What is your role in all of this?

Just a point of clarification, a correspondent lender buys closed loans from mortgage bankers. In this scenario, it is described that a home buyer went to a mortgage broker who BROKERED the loan to a correspondent lender. That's not technically possible. Instead they either a) brokered the loan to a WHOLESALE lender who is the customer's current mortgage servicer; or b) brokered the loan to a WHOLESALE lender who after closing SOLD the loan to a CORRESPONDENT lender who is the customer's current mortgage servicer.

If the homeowner has been sued then they need to get legal representation and they should follow the advice of their attorney. Contact the state bar association for an attorney in real estate law.

Caron

Hi Jjp,

Welcome to our forums.

I am really surprised at what the broker has done. How can he file a lawsuit when you have already satisfied the conditions you were supposed to? Moreover, he's not supposed to bother you when he has already handed over the loan to a lender. Now it's between you and the lender. If the latter calls for a foreclosure, he will surely send you a notice. And now that he says he hasn't, so there's no chance of such an action being taken.

It seems that the broker wants to involve you in a lawsuit and then extract a lot of money from you. But I shall suggest that you stay away from this, communicate with the lender with whom you are dealing. But now that the case has been filed, I shall suggest that you talk to an attorney and seek legal advice on how to proceed.

Good luck Smile

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