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Mortgage Case Law


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I had a mortgage from a private lender who after 5 years of paying and me requesting a payoff because I was refinancing went on to tell me my balance was $9,000 more then what it really was. I have 1098 interest statements every year from the lender showing that she recived payment in full. That was my reciept from her and also the same being filed with the IRS. She said she sent those to me as a "curtesy" to show full payment but that in fact I had missed payments from the beginning which was 5 years ago. Not once was I notified. I was told either I accept that amount or the mortgage will not be satisfied. The mortgage history document she sent me was clearly made up on the spot and I'm looking for case law regarding something like this either with the mortgage company having to keep the history of the loan or 1098 interest statments counting as receipts. I know it's called extortion, I just have to prove it now in court. thanks in advance.

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I think if you have a contract that shows the rate of interest and the 1098 it wouldnt take a brain surgeon to see that you were not behind.

I think you should ask her for her complete documentation on this case and prove that you owed late payments.

Look to your original contract for all of this.

Your records as well might help.. contact your bank etc for proof of payments (checks etc)

Edited with a brilliant moment:

Not to mention.. if you really wanted to be an a$$.. which in this case I would.. she LIED on FEDERAL TAX forms. You can't do that.

She could be in a HUGE Amount of trouble for that.

I would use that angle and call the IRS and ask someone about what the penalities are for lying on Tax forms...

hmmmmmmmmmm :shock::shock:

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I have all of my docs except for cancelled checks. This is because I purge all of that once I receive the 1098 interest statments. I never had any reason to believe anything like this could happen. I always thought that was my proof. The problem with getting the copies back from the two accounts they were drawn on is that the bank fee is $10.00 per page which over the past 4 years would be over $3,000 bucks for copies. I have my original loan docs. I have my original amoritization schedule and at the end of each year you can plainly see the totals and my 1098's were correct each year. I'm pretty comfortable with the fact that I'll win but I wan't to claim damages for every single violation she has incurred. To add to my case, this is why I was looking fro case law but this is pretty specific and isn't a common occurance I guess. thanks

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No it isnt.. but if I were you.. not only would I sue her for damages but also turn her into the IRS for collecting that cash and not paying taxes on it...

OOOO never thought of that did she?

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