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Are my parents being scammed?

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  • #16
    Normally when one gets behind in payments on a loan --even if it is a relative's fault-- what one does is to catch up on the payments. It does not matter if the original documents cannot be found. I never look at my original documents (Where are they? Are they lost?--Doesn't matter.), and I doubt my lender does either. But I continue to pay my loan back each and every month. That is how it is done. If I were in a coma in the hospital for 5 months and came out and found out my loan payments had not been made during that time, I would catch up on the payments. That is the normal thing to do when payments are missed for whatever reason. You just get caught up on them!

    A lender does mail lots of notices out asking for payments when you get behind on your mortgage. They usually phone, you, too. So I don't think your Dad was suddenly surprised by the foreclosure process. I think he would have known for months that payments had not been made and that he was responsible for making those payments regardless of any separate agreements he made with your aunt.

    A more personal comments:

    Maybe you are employed and can help your parents come up with the money they have missed paying. In my opinion everyone in the house who can get a job should do so to help get caught up. I speak from experience. When I was a teen my mother could not earn enough money to pay mortgage, utilities, and insurance. It just happened to be during a recession (such as today, ya know?) and it was hard for any of us to find work. I have 5 bothers and sisters; 3 are older than me. We pulled together and I did not spend any of my check from my first job as a teenager on clothes, music, cosmetics, movies, any of the usual teenage stuff. I also planted a big garden to help keep us in food. Mom did end up selling our house, which had been too big a burden, and moving to a much smaller place better situated for our transportation and work needs. Just as now, it was a hard time to sell a house and she did not get as much as she might previously have expected. All this was tough to do and the experience has affected me and all my siblings for life. But you've got to do what you can!
    "There is some ontological doubt as to whether it may even be possible in principle to nail down these things in the universe we're given to study." --text msg from my kid

    "It is easier to build strong children than to repair broken men." --Frederick Douglass

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    • #17
      Well, as many of you know, the foreclosure situation in this country is a mess. It's not surprising that once it is filed, you have to work thru the process in court. And lawyers expect to get paid, and it can drag out if you are not just giving up.

      Yes the banks want their money. And they want all their tacked on fees. And they want your equity too if they've filed the foreclosure paperwork.

      Since they are generally so intractable, it's fair to fight them with everything you've got. The technicality in question here is the ORIGINAL contract with all the signatures. The law requires that this must be presented, a copy will not do. I've seen on TV of this being used as a delay tactic, mostly.

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      • #18
        Given the OP's comments, I wouldn't say the parents are "scamming" or doing anything wrong. Most likely, they are simply listening to their lawyer. Finding out the note is lost is something that would come to the surface anytime a lawyer looks at a foreclosure case. And of course a lawyer would lean toward going to way the results in getting paid, cause that's his job.

        Is it immoral to get out of your mortgage on a technicality? Some would say yes and some would say no. For some personalities it's hard not to listen to a professional like a lawyer though when they are telling you how to proceed.

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        • #19
          so where is your aunt now ??? and what was her excuse???? but yeah i do really suggest you get a real estate attorney good luck!

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