notsosure

"Pretend Mortgage"

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You can start a complaint against her, but if I were you I would start by checking with your Clerk of Courts to see the complaint/FC she has started against you.

Were you served the LP already?

No I was not served I received it in the mail. I am pretty certain she has NOT filed a complaint but I will check. The ADR (Alternative Dispute Resolution) was attached and worded in such a way as to lead me to believe it was mandatory.But it is not.

I know this lady very well and she will send me to "chase rabbits" (as she has always said ) but I do not and will not play games.

So I can initiate a suit and I will.

Well well shouldn't the Lis Pendens have a case number?

Well I did check and the Lis Pendens has been filed, odd that mine dose not have the case number. Anyway no complaint has been filed. I thought a Lis Pedends meant a complaint had been filed and I am sure in a normal situation it would have been but I looked it up ....Lis pendens is Latin for "suit pending."

As I said she has to know and the attorney has to know there is no way in H*** she could have a chance.(spoke with her attorney on Monday and he recommended I call her and I did.When I called her a liar we ended the conversation) She is hoping that she can intimidate my daughter. But hey on the other hand she has known me for as long as I have know her,she knows or should know I fight tooth and over a wrong doing. But I would you the shirt off my back if you needed it.

Thanks again for any suggestions

notsosure

Edited by notsosure
to add info.

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im just bumping to show interest. this is one of the most bizarre situations. but i wish you luck! would like to know how it turns out

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Are you absolutely CERTAIN that no money changed hands in exchange for this mortgage?

- Your daughter signed a mortgage with your help stating that her home is collateral for money she never received?

- This woman, who allegedly did this as a favor to you, now wants to foreclose on a property that she really has no interest in?

- You or your daughter haven't paid the real estate taxes on the property?

I don't know. This isn't passing the smell test. I have this sneaking suspicion that the mortgage was issued for a fee and now she's moving to get paid. The facts just don't seem to add up.

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Are you absolutely CERTAIN that no money changed hands in exchange for this mortgage?

- Your daughter signed a mortgage with your help stating that her home is collateral for money she never received?

- This woman, who allegedly did this as a favor to you, now wants to foreclose on a property that she really has no interest in?

- You or your daughter haven't paid the real estate taxes on the property?

I don't know. This isn't passing the smell test. I have this sneaking suspicion that the mortgage was issued for a fee and now she's to get paid. The facts just don't seem to add up.

NO MONEY CHANGED HANDS FOR THIS MORTGAGE!!!

The taxes were late for one year and she paid them.

I have two questions on the table if anyone can answer please do'

This is the longest thread on this forum but I am the one answering questions.

I know this is just weird but is what it is. Just think about it what benefit would I get If I did not give the facts as they are.

Do you think I am some bored housewife trying to entertain myself? Or a moron (well the mortgage shows I was in 2003) Would you like to see the actual mortgage? It is public information.

Can anyone tell me about the statutes of limitations on fraud as to how I show when it was realized? And would it be best for me to file a complaint against her or wait for her to try to foreclose? SHE HAS NOT FILED A COMPLAINT AS OF TODAY AND I DO NOT THINK SHE EVER WILL. She as allot to loose she is a Real Estate Broker who has committed fraud among many other unethical things.

But yes you do have a good nose there are other issues involved personal issues that have nothing to do with THIS MORTGAGE.:rolleyes:

Thank you all for your help

notsosure

Edited by notsosure

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Okay. Sorry but needed to get to the heart of this thing. Everything from the initial transaction to the timeline is suggesting something else is going on.

The lis pendens serves to put you and others (potential lenders, buyers, etc.) on notice that she is making a claim for your property and will be filing a suit to foreclose. Aside from making it impossible to sell or borrow against the home, the lis pendens is usually a pre-foreclosure step.

I would expect that she is in the process of foreclosing if you received an LP. The LP came from the court, right? Call the court and check!

I'm not sure where you are going with this fraud thing. The question is whether or not you the mortgage your daughter granted is valid. Your argument against its validity is the fact that fraud was present.

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Okay. Sorry but needed to get to the heart of this thing. Everything from the initial transaction to the timeline is suggesting something else is going on.

The lis pendens serves to put you and others (potential lenders, buyers, etc.) on notice that she is making a claim for your property and will be filing a suit to foreclose. Aside from making it impossible to sell or borrow against the home, the lis pendens is usually a pre-foreclosure step.

I would expect that she is in the process of foreclosing if you received an LP. The LP came from the court, right? Call the court and check!

I'm not sure where you are going with this fraud thing. The question is whether or not you the mortgage your daughter granted is valid. Your argument against its validity is the fact that fraud was present.

No I was not served I received it in the mail. I am certain she has NOT filed a complaint I just checked again this morning. There was ADR (Alternative Dispute Resolution) was attached to the Lis Pendens and worded in such a way as to lead me to believe it was mandatory.But it is not. The Lis Pendens that I recieved had not been stamped at the court house and no case number was on it not that any of this has to do with the two questions I still have on the table:(

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So I guess she is sending the LP as a way to scare you. It is worthless. Just a shot over the bow.

But let me add something: my understanding of current mortgage law (not a RE attorney) is that in a judicial foreclosure state (SC does NOT have a non-judicial foreclsoure option) lenders must file a complaint for foreclosure in court pleading default by the borrower. The borrower then has an opportunity to cure the default. If the borrower cannot cure the default, the court will order a sheriff's sale after a certain period of time (30 days, 60 days, all state dependent).

(1) You say this mortgage agreement was for 3x fair market value with 15 years of $0 payments with a balloon at the end. Were there any other requirements in the mortgage, such as requiring the home to be insured or taxes paid? You need to know if your daughter was in default and if it was cured. If it isn't in default, then she doesn't have grounds to base a foreclosure action. How can someone that is required to make $0 payments be in default if they complied with all other requirements?

(2) Your daughter would answer the complaint and plead that the mortgage by its terms is not in default, was never in default, that the mortgage is fraudulent and invalid (lack of consideration, duress, etc.). Then she would bring a motion to invalidate the mortgage lien.

She could probably have her foreclosure action dismissed...but regarding invalidating the lien, the biggest issue here is the presence of signed recorded mortgage documentation. She'll probably have to retain counsel to have it invalidated.

Edited by jq26

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This is the longest thread on this forum but I am the one answering questions.

notsosure

I just want to address this, because I do understand how frustrating it is to ask questions you need answers to, only to have them go unanswered.

What is happening is that we do not fully understand everything involving this situation. Some (many) things do not make sense to us. We ask questions in order to clarify. We really cannot accurately answer questions if we do not have all the facts straight in our minds.

I would hate to see someone give you matter-of-fact answers/advice only to find the advice was premature due to not having all the details. This could lead you in the wrong direction, essentially AWAY from where you need to be action-wise.

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So I guess she is sending the LP as a way to scare you. It is worthless. Just a shot over the bow.

But let me add something: my understanding of current mortgage law (not a RE attorney) is that in a judicial foreclosure state (SC does NOT have a non-judicial foreclsoure option) lenders must file a complaint for foreclosure in court pleading default by the borrower. The borrower then has an opportunity to cure the default. If the borrower cannot cure the default, the court will order a sheriff's sale after a certain period of time (30 days, 60 days, all state dependent).

The Notice of default and Acceleration does not have to be filed in court.Well i don't think so?was not filed at any rate it and it was not on the attorney letter head and was not even signed. It is a thirty day right to cure we did not cure instead we sent a letter

And I assume the letter is as useless as the Les Pendens?

Then yesterday we we got the Lis Pendons

Really what I trying to find out is on the statue of fraud six years from the time realized how d we show legally when we realized it?

Thank you for your patients

Edited by notsosure
To much info.

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:oops:

I just want to address this, because I do understand how frustrating it is to ask questions you need answers to, only to have them go unanswered.

What is happening is that we do not fully understand everything involving this situation. Some (many) things do not make sense to us. We ask questions in order to clarify. We really cannot accurately answer questions if we do not have all the facts straight in our minds.

I would hate to see someone give you matter-of-fact answers/advice only to find the advice was premature due to not having all the details. This could lead you in the wrong direction, essentially AWAY from where you need to be action-wise.

I do apologize for being snotty I have been quilty of thinking people IRL should be able to read my mind:oops:

Thank you for bringing this to my attention in the kindest way.

notsosure

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Just a clarification on the Lis Pendens

It's not always only used to commence the foreclosure process. Actually, it's only necessary to file if the state is a judicial state. In state's where there is a trustee's sale, the Lis Pendens isn't necessary as a notice of default is usually used instead.

That said, it doesn't mean you can't file a claim back. All the Lis Pendens says is that there is a law suit filed and this property has something to do with it, and it's usually required to state the nature of the suit. It puts a cloud on the title and if filed with the registrar of deeds (or whatever it's called in your state).

It's one of the ways people in non-judicial foreclosure states get the case to go judicial. You could file a lis pendens on your own property as long as you notified the parties in interest about it.

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SC is a judicial foreclosure only state. So why bother to mail a lis pendens to the homeowner if a suit wasn't filed? You can fight the lis pendens but it has to be filed in court. This doesn't seem to be....bizarre fact #51 regarding this situation.

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That said, it doesn't mean you can't file a claim back.

Can you tell me just how to do that? And how many cause of of actions? do you think I would have based on the scambled(my) mess you see.No complaint as been filed as of yet and I really do not think she will.I just found out you have 20 days after filing the Lis pendens to file a complaint.

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You need to just bite the bullet and hire a lawyer. This is not something you want to tackle on your own. Hire one ASAP!

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SC is a judicial foreclosure only state. So why bother to mail a lis pendens to the homeowner if a suit wasn't filed? You can fight the lis pendens but it has to be filed in court. This doesn't seem to be....bizarre fact #51 regarding this situation.

LOL :lol::lol: If you knew the lady (my friend)you would more understand just how bizarre she is.

Is there any reason I should fight the Lis Pentens. I promise no complaint has been filed but she has only 20 days to complain and the lis pendons exspires.

Oh my goodness I hope someone is getting a good laugh over this thread.

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You need to just bite the bullet and hire a lawyer. This is not something you want to tackle on your own. Hire one ASAP!

Yes I surely will if she files a complaint. I do not think she will or can. In other words as said earlier in the thread she will have hard time getting an attorney to go that far. Also if she could have she would have. She is not holding back because of 26 year friendship for sure.

Thank you to everyone for your help

notsosure

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I usually loathe that idea, but I'm strangely in agreement here.

Come on now 4,000.00 just to start to do what? tell me she did not give the money LOL:lol::lol: I will if I have to. This is one thing I feel she is hoping I do.

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OK you guys yall are forcing me totell more than i want to here but here if goes everything I have said about the mortgage is the truth,really really it is.

But the bigger issue to her however is that she wants my husband. There I said it!!! That is what the falling out was about in 2005. I never thought it would have lasted this long i got over real fast she however has not. I have told my husband to just move in with her till this is over:lol::lol::lol::lol: he is not laughing. This is true.

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The way I see it, if you win you're out $4000, if you lose you're out the house. The fact that it has gone this far is proof that "your friend" means business. I, personally, would go for blood-prosecute for fraud and sue for damages.

Also, I fail to see the humor in trying to commit fraud and steal someone's property! Sue 'em, put 'em in jail, everyone that's honest will benefit.

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The way I see it, if you win you're out $4000, if you lose you're out the house. The fact that it has gone this far is proof that "your friend" means business. I, personally, would go for blood-prosecute for fraud and sue for damages.

Also, I fail to see the humor in trying to commit fraud and steal someone's property! Sue 'em, put 'em in jail, everyone that's honest will benefit.

How would I go about that? Who would I call? The prosecutor in my county?

And you are right it is not funny at all.I am just trying to laugh instead of crying.

"my friend" had a stroke just before the falling out. I know can not afford to loose the house.But not sure if I could live with myself with her being jailed.\

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When I said I agree, I was commenting on Admin's post.

You further this by stating that you couldn't see her jailed. Stroke or no stroke. She's not above the law. Get a lawyer involved, and let him or her handle the dirty work. If it comes to jail time after you get the atty involved, it's not on your hands, but you can pass it off on the attorney.

Don't you just love passing responsibility vicariously? ;)

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OK if she files a complaint I will get an attorney.I am sure this is what she would expect me to do. But I know her well and if she could have she would have by now.I would not be surprised if I retained an attorney tomorrow she would satisfy the mortgage as soon as she found out.

I do not wish to see her jailed but if she pushes it that far I can live with it.

So in the event that she does not file a complaint how do I go about getting the mortgage invalidated? I have read all about recession for fraudulent activity by the lender. But where do I start? With a summons and complaint? I have all kinds of notes that would go into the defence of a foreclosure but very little of nothing if I were to start a cause of action. Even if I do not use anything I have learned or will learn during this excursion I am certain I will be able to use it at some other point in my life or a least teach my children/grandchildren something of value.

Thank you all for your help

notsosure

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I still think you have to get the case into court to invalidate the mortgage. Suit for fraudulent inducement into an illegal contract, then a Motion for quiet title. If it goes unopposed, you win. If she fights back. You get your lawyer involved.

Only problem is, the judge may issue a cost bond since the suit involves a security interest with a stated value. And the mortgagee would have to be the one to bring the action and put up the bond.

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I still think you have to get the case into court to invalidate the mortgage. Suit for fraudulent inducement into an illegal contract, then a Motion for quiet title. If it goes unopposed, you win. If she fights back. You get your lawyer involved.

Only problem is, the judge may issue a cost bond since the suit involves a security interest with a stated value. And the mortgagee would have to be the one to bring the action and put up the bond.

OK so I think I should just sit, watch, and wait and see if she files within 20 day time frame.

Another question about the attorney who drew up and executed the "Pretend Mortgage" how will this effect him?

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