Real Estate
Mortgage Agreement
Minnesota
How to file a lawsuit in MN for illegal foreclosure
Our house was illegally foreclosed on by Wells Fargo and Freddie Mac. I don't know how to go about fighting this foreclosure and am now facing an evictions summons
Answers from 1 Lawyer
Answer
Real Estate
Minnesota
Jaren J.
ContractsCounsel verified
August 13, 2020
Here are a couple MN law firms that work in this area: Burns Hanson Law Firm 952-232-5991. Fields Law Firm 612-370-1511
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Real Estate
Mortgage Agreement
Georgia
Which court document shows the mortgagee?
Just asking
Howard B.
To be clear, the mortgagor is the person taking the loan and giving the creditor a security interest in real property. The mortgagee is the creditor, typically a bank. Which court document depends on what type of proceeding you are involved in. If you are asking about a foreclosure action, the mortgage instrument is typically filed with the petition/complaint initiating the action. However, I'm an Oklahoma attorney, not a Georgia attorney, so I don't know if the same requirement applies to filings in your state. However, that's what is typical. The problem is that the loan is often sold, so the promissory note and the mortgage are assigned to other companies. The manner in which that happens varies by state. There might be attachments showing the documents were assigned to other financial institutions who presumably bought the note and mortgage. Those are usually pages attached to the back of the mortgage agreement. Also, there is a company called the Mortgage Electronic Registration, Inc. ("MERS") that tracks ownership of loans without making a separate assignment each time a loan is transferred from one financial institution to another. In a MERS case, there is typically a statement from MERS, often in a long legalese document called an affidavit. Somewhere in that affidavit, it likely says who the present owner is. Alternatively, the affidavit simply verifies that some other document is a true copy of their business records, and THAT document will have the mortgagee information. For more detailed information, you will need to take whatever documents you have and whatever case information you have (especially the case number) to an attorney in the state where the property is located, preferably in the county where the property is located. Good luck!
Read 1 attorney answer>Property
Mortgage Agreement
Massachusetts
How to remove a name from a mortgage?
I helped a friend co sign for a mortgage. I believe documents were submitted on my behalf without my approval. Now that person is trying to add a second lien on the mortgage. I am refusing to sign the documents. The person is on forbearance and owes over $20,000 for the mortgage. I am told if documents are not signed the home would go into foreclosure causing this to affect my credit. I just want to remove myself from this situation because I do not even own the home. Nor do I live in the home.
Richard G.
You are in a difficult position, as I'm sure you are aware. The problem here is that once a person cosigns for another person, that person is obligated to pay the debt. While there may be defenses available, such as duress or coercion, these would be extremely difficult to prove and highly unlikely to succeed. As to your statement that you "believe documents were submitted on my behalf without my approval." If you are alleging fraud, in other words, that you did not really sign or authorize your signature on a document that was necessary to create your valid signature on the mortgage, then perhaps you have a case.
Read 1 attorney answer>Real Estate
Deed of Reconveyance
Minnesota
Can you add someone to title deeds?
I am 92+ years old and would like to add my son’s name to my condo deed. We have the paperwork done and notorized. What’s next?
Jaren J.
You need to file it with the county recorder or registrar and pay the recording fees. You can take it in to the county to file (if the desk is open . . call ahead) or give it to a title company to record (and pay their service fee).
Read 1 attorney answer>Real Estate
Quitclaim Deed
Minnesota
How do I add a name to my title on bare hunting land in Minnesota
I own 40 acres of hunting land. My brother wants to buy half and has the cash
Maury B.
If you wish to adda. name to the title, you would have to execute a quitclaim deed from the current title holder (presumably you) to the new title holders (you and whoever you are adding). Tat would then be filed in the office where land titles are filed in your county, usually the County Recorder's office.
Read 1 attorney answer>Real Estate
Quitclaim Deed
Minnesota
I am partnered and want to be added to our home.We are not married and may not be in the future.
I have been partnered for several years. My partner owned the home prior to me moving in. However, I am contributing to the monthly mortgage/expenses. We have a co-habitation agreement however, I would like to be added to the title/deed of the home. Can I do this for a low cost? How do I go about this? Thanks!!!
Jaren J.
You need to have your partner sign/notarize a quit claim deed from your partner to you and your partner either as joint tenants or tenants in common. The deed is then filed with the county in which the property is located and the $46 recording feed paid (along with a $5 conservation fee and $1.65 to $1.70 deed tax).
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