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can a broker bring you mortgage payments current

Posted on: 14th Jan, 2009 09:51 pm
the senior loan omitted themselves from a foreclosure and let the junior loan foreclosure. i would receive a statement every month for over a year, they was getting paid but not by me. once i call and demand the payment i inform them that i was no long living there i was evict the following after the foreclosure. when i ask them why are they sending me statement she said cause is still in my name and i have to paid. when asked who was paid they inform me that it was a broker. when to took a look at the trust sale it show that it was not the beneficiary it was the grantee it show the business name. all this to ask is this legal. it been over two year and they senior loan is still using my name on the homeowner ins.
Hi jennygonzo,

If the property has already been foreclosed and sold off by the junior lien holder, then the property cannot be in your name. Moreover, I don't think any lender will pay on the borrower's behalf to get the loan current. In my opinion you should speak to the first lender and sort out the whole issue.

Thanks,

Jerry
Posted on: 15th Jan, 2009 01:37 am
First I would like too apologize that I did not make myself clear. Let me start from the beginnings the first loans omitted themself from the foreclosures that was schedules for Aug 2006. That gave the second loan an opinion to foreclosure in nov. 2006. The second loan was not owe by the broker. the broker was someone that brought the first loan current for whatever reason he has I dont know.
Let me make myself clear I did not give anyone permission to do anything on my behalf, and yes the senior loan stayed in my name 13 months after foreclosure when they finally send me the note and deed in 12/07. Whether it the original or not they send it.

For over a year I try to get them to understand that I no longer live on the premise and the second lender foreclosed , the only inform I could get out of them was that my name was on the loan and that am responsible . In July of 2007 they did not get paid on time so they called by then I was in a good mood thats when I asked who been paying you before now she told me gol--------.well I guess he paid , after that they did not called back, but the statement kept coming until 12/07. Oh I forgot to ask if you could write the lender names but look at file 2006-090193
keep in mind that chase was the second loan lender from 8/02 when transfer to radain in 5/06 and radian transfer to pacific national holdings in 6/07

recorded in pinal county arizona
Your search on berry, Marvin returned the following results:
Fee Number
Document Type
Click Fee Number to determine Grantor/Grantee status

2007-138935
TREE DOT T
BERRY, MARVIN M
FIRST FRANKLIN FINANCIAL CORPORA
2006-160292
DEED
BERRY, MARVIN M
GOLDFINGER INVESTMENTS LLC
2006-124768
SALE T
BERRY, MARVIN M
CAL-WESTERN RECONVEYANCE CORPORA
2006-109560
SALE
BERRY, MARVIN M
FIRST AMERICAN TITLE INSURANCE C
2006-109559
TREE
BERRY, MARVIN M
FIRST AMERICAN TITLE INSURANCE C
2006-099377
DOT A
BERRY, MARVIN M
NATIONAL CITY BANK OF KENTUCKY
2006-090184
DOT A
BERRY, MARVIN M
PACIFIC NATIONAL HOLDINGS
2006-090183
DOT A
BERRY, MARVIN M
RADIAN SERVICES
2006-086690
LIEN
BERRY, MARVIN M
CAMBRIA OCOTILLO HOA
2006-075160
SALE
BERRY, MARVIN M
CAL-WESTERN RECONVEYANCE CORPORA
2002-045473
DOT
BERRY, MARVIN M
FIRST FRANKLIN FINANCIAL CORPORA
2002-045472
DOT
BERRY, MARVIN M
FIRST FRANKLIN FINANCIAL CORPORA
2002-045471
DEED W
BERRY, MARVIN M
WOODBINE HOMES OF ARIZONA INC

thank you for taking the time to hear me out

jenny.gonzo
Posted on: 15th Jan, 2009 09:50 am
Hi jennygonzo,

When there are two loans on a property, it happens that the first lender forecloses on the property and recovers his debts and the second lender is either paid off by the borrower or the lender charges off the second loan to a collection agency who in turn collects the dues from you.

But in your case, the second lender has foreclosed upon the property. He has only made the first loan current but has not paid the first loan in full. Now the first lender has the right to ask you to pay off the remaining loan. He may file a judgment and even garnish your wages or can even place a lien on your other property. But it is true that as the property has been foreclosed, it has become an unsecured loan. You can contact your first lender and pay off the loan or you may negotiate with him so that either he forgives the loan or reduces the amount.

Thanks.
Posted on: 16th Jan, 2009 03:07 am
i mustve not made myself clear. i had two mortgage. to my knowledge the broker did not have anything to do with neither nor myself for that matter he just shows up as a grantee. i have tries to find the connection but i havent found anything. their no grant deed quit claim deed or even an assignment of deed of trust that show that he has any interest on the property. i know for a fact ive not sign anything or notaries anything to transfer deeds. that year the only thing that i dealt with was two realtors and the last one was appointed by the court. come to find out lately that she had worked with one of the broker employee, is that a coincidence or what?
oh i live in a state that the highest bidder has to pay off any senior lien holders. he would be responsible for paying off the 1st and 2nd.
this is where i get confuse, he brings the first loan current so the second could come first that ok if he was protecting his interest but the second loan dont belong to him even though he attaches what he paid to bring the first loan current. looking further he brought at auction to quit claim deed to someone else {a couple}. the same person he quitclaim deed too came to the house the day after the foreclosure sale, now i know he wasnt give the deed until eight days later.
my question should have been how was he able to get on the title with the owner authorize.
Posted on: 16th Jan, 2009 07:36 pm
let me correct the last sentence it should has said how was he able to get on the title without the owner authorize.
Posted on: 17th Jan, 2009 11:25 am
Hi jennygonzo,

Yes, you are correct that without the authorization of the owner, no one can be added to the title of the property. During the foreclosure sale, while transferring the property, you should have been the grantor and the new buyer should be the grantee to the property.

In my opinion, you should speak to the lender and clear off the issues.

Thanks,

Jerry
Posted on: 19th Jan, 2009 01:53 am
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