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what should I do?

Date: Tue, 01/31/2012 - 12:34

Submitted by okterrific23
on Tue, 01/31/2012 - 12:34

Posts: 19 Credits: [Donate]

Total Replies: 7


I DV'd a collection agency. They sent me the validation(original contract). But one document included does not have my signature or date. It is the short sale acceptance/approval notice. I did a short sale 2 years ago, and thought everything was settled. But the bank on the 2nd mortgage tried to collect on the balance. I told them I never agreed or was aware that the balance of the loan would be collectible. But they would say I signed the promissory note and had to pay. So I just ignored them. Well this agreement doesn't bear my signature. So I am wondering what should I do? I am planning on sending another letter disputing this, and including the copy of the notice which I did not sign. I don't think they can collect if I didn't agree to pay the balance after the short sale. This was done before the law changed where banks now can't collect the balance on a 2nd loan.


Ok...I will take a stab at this. Did you consult an attorney for this short sale?

They sent me the validation(original contract).Quote:

But one document included does not have my signature or date. It is the short sale acceptance/approval notice.

Who negotiated/initiated the short sale? You or the bank?


Quote:
I did a short sale 2 years ago, and thought everything was settled. But the bank on the 2nd mortgage tried to collect on the balance. I told them I never agreed or was aware that the balance of the loan would be collectible
.
Ignorance is no defense in the eyes of law. Not knowing or understanding the law is not their problem. That is why people hire lawyers. Was the second mortgage company party to the short sale? Did they agree to it? Do you have proof?


lrhall41

Submitted by SOAPLADY on Sun, 02/05/2012 - 21:39

( Posts: 17315 | Credits: )


Yes the 2nd mortgage had to be a a party of the short sale. Otherwise there would have been no short sale with a lien on the property. The 2nd mortgage got some money in the short sale. The forged promissory note/short sale approval letter stated they accept the short sale, would charge off the loan, and the balance would be collectible. This note required my signature. I never saw nor signed this note.


lrhall41

Submitted by okterrific23 on Mon, 02/06/2012 - 17:10

( Posts: 19 | Credits: )


OK, you need to compare all your paperwork that you have from the short sale to what they sent you. Find out if there are ANY differences between yours and theirs other than this one document that you did not sign. I would imagine that something may be spelled out in the documents about the money that the 2nd company received and the disposition of the rest of the balance. Worth checking just to make sure. If there is nothing that mentions the balance due, then that should have been a red flag. If you have something that shows that the balance will not be collectable, then send them a copy of it and tell them to get bent. But either way, no signature on a legal document usually means that you are not bound by that document. It may be time to consult an attorney just to cover yourself.


lrhall41

Submitted by skydivr7673 on Tue, 02/07/2012 - 19:04

( Posts: 2036 | Credits: )