On May 16, 7:45 am, JoniA2 <strickfad...@comcast.net> wrote:
> > On May 9, 7:48 am, JoniA2 <strickfad...@comcast.net> wrote:
>
> > > I have the title work ... I am on the mortgage and the deed for
> > > sure... and NOT on the Flagstar NOTE ....hubby surrendered all
> > > mortgages/property to the court.... ask me how he can surrender half
* * *
> they still have a lien on hubby's half...so I can live here for
> free... that is it???
I don't think anyone on MLM to date has told you that you can continue to live there for free. Try to listen to what people are actually telling you.
There Ain't No Such Thing As A Free Lunch. If you were still paying on a loan with the house as collateral, you need to keep paying off that loan, or else the lender can foreclose, whether OR NOT you or hubby are in bankruptcy.
What several posters on MLM have asked you, and which you have not yet clearly answered, is whether your ambiguous statement in your original post, that you are on the deed and mortgage but NOT the "note", is all referring to the same transaction, or different transactions (e.g. if the Flagstar "note" was a second- or third-mortgage that Hubby took out without your knowledge or signature).
Let's be clear and cut to the chase:
The consensus seems to be that IF they are all the same deal, it doesn't matter whether you signed the actual NOTE or not, if you did in fact sign the MORTGAGE. One is as good as the other for keeping you on the hook to make the payments if you want to keep the house.
OTOH, _IF_ Hubby went out and got a second or third mortgage, and didn't tell you, and either didn't get your signature on the note OR forged your signature, then you MAY have a possible case of fraud, IF you were already a co-owner of the house BEFORE the transaction that is in question occurred.
> Looking into Fraud with FBI too...
Whatever that means. If you are as clear with them as you have been over the last 3 weeks of posting on MLM, they probably already put your case in their circular file. But I may have some suggestions, if you read on.
> May 14, 2007
> Ann Arbor News,
Did you actually send this to the newspaper? Did they print it? Just curious.
<snip>
> Here is my story,
<snip>
Try as I might, I did not find one word in your lengthy story, either before or after the "Here is my story" quote, about whether or not you, Joni, the OP, in fact have had _anything_ to do with the Flagstar loan or not, before the bad stuff started to happen. That does NOT just mean, whether or not you signed the "Note", but whether or not you had ANYTHING to do with it. In other words, WHOSE "deed", and "mortgage", was it, that has your name on it? If that was with someone other than Flagstar, you haven't made that clear to us yet.
Can you just answer that question, honestly, for yourself (not here, unless you choose)? If your answer is "Yes", then you are probably still on the hook for these loans, if you want to keep the house. If your answer is "No", then you MAY be able to do something about getting out from under the Flagstar loan and still keep the house, IF you follow these simple guidelines:
1. Calm down.
2. Get your facts straight. That means, leave out the emotion and the fluff and the stuff about the state of your marriage and spousal abuse, and just focus on the steps involved in this particular loan transaction that you seem to think was fraudulent.
3. Calm down again. Don't get excited.
4. When you find someone who is willing to listen to what you have to say, listen to what THEY have to say to you back, including any questions they ask. Note whether or not the things they say to you are stated categorically, or may have some conditions or qualifiers, and don't ignore those explorations of possibilities to turn an "IF" statement into an "IS" statement.
5. When (4) happens, answer any questions these people trying to help you may ask you. The reason they ask is, they don't know the answer yet.
6. Don't get upset if you don't understand what they are trying to say. Ask for clarification if you don't know what it is they want you to tell them.
7. Keep in mind that the law, especially bankruptcy law, is intended for your protection, not to oppress you. If it looks like you're about to be oppressed, you may be doing something wrong. If so, repeat steps (1) - (6) until you understand what is happening, have a firm grasp of the facts and the applicable law, and have a good idea of what you can do about it, then decide what to do among the possible and realistic options that are suggested to you.
8. If all else fails, as I suggested 3 weeks ago, you probably can still just walk away from this whole deal, hubby, house, lender, and all, and start your life over on a fresh page. Isn't that a comforting thought? No baggage.
9. Whatever happens, do not panic. Panic prevents thought. Lack of thought prevents useful action. Do not run around like a chicken with its head cut off.
10. Don't forget to take time to enjoy yourself too. Smell the flowers. It's May.
Signing off, and good luck,
--
This posting is for discussion purposes, not professional advice.
Anything you post on this Newsgroup is public information.
I am not your lawyer, and you are not my client in any specific legal
matter.
For confidential professional advice, consult your own lawyer in a
private communication.
Mike Jacobs
LAW OFFICE OF W. MICHAEL JACOBS
10440 Little Patuxent Pkwy #300
Columbia, MD 21044
(tel) 410-740-5685 (fax) 410-740-4300
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