Asked almost 2 years ago - Pensacola, FL
Flagam I a victim of mortgage fraud by Citi. Home guaranteed by FHA. Filed bankruptcy that was discharged 12/07. 1st&2nd mortgage included. Vacated 1/08. At the time was active military&forced to relocate to Va after deemed unfit for 1 year overseas assignment due to medical reasons-stress related to failed business/bankruptcy. Citi never filed a claim with FHA. Foreclosure initiated 3/08 but dismissed 2/11.CAIVERS hit from 08, but Citi filed mortgage reassignment twice 6/11&8/11. It takes 3yrs for CAIVERS to clear from time claim paid. Citi should have filed 3yrs ago but now we are in limbo until resolved-then 3yr clock starts ticking. Is this right? Seems like lack of due digligence on Citi's part. Just want CAIVERs hit cleared so VA benefits can be used. Spent 3yrs rebuilding FICO to 660.
More information is needed to determine if you are a victim of mortgage fraud. If the lender did not own the loan at a time when they attempted to collect or foreclose the loan, that would be fraud. It would be no different than if I filed a foreclosure action against you. Often times lenders try to create standing to sue after a lawsuit has been filed. We have found that banks and servicers will file suit then get the necessary assignments, transfers and supporting documents after the fact. Stated another way, suing someone on a loan you dont own (or are authorized to act on---in the event of a servicer) is fraud.
This does not sound like mortgage fraud, which is generally defined as a misrepresentation or omission of information related to the mortgage loan for the purposes of obtaining a loan that would have not been otherwise obtained had the lender or borrower known the truth.
It sounds like your lender shuffled the loan documents around after the loan was obtained. So long as this was done properly, this is not fraudulent.
I would advise you to seek legal counsel in your area to go over the documents that as a part of the foreclosure action and supply you with advice.
This response does not create an attorney-client relationship. Unless you are already a client of the Law Office of Preston H. Oughton, pursuant to an executed fee agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Preston H. Oughton poughton@oughtonlaw.com (904) 854-6336.
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