Recent Answers to Mortgage Agreement Law Questions

Howard B.

Answered Aug 9, 2022

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!

Richard G.

Answered Jan 4, 2022

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.

Jaren J.

Answered Oct 19, 2021

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