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Mortgage Fraud Victim HELP!

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rnsy8s
New Visitor

Mortgage Fraud Victim HELP!

I was a vicitm of a mortgage fraud scheme.  Long story short, after meeting with several attorneys they advised the easiest and least expensive way to get the mortgage out of my name was to file Ch7.  I'm in the process now.  The problem is that I'd like to buy a VA home within the next year.  Are there any lenders that will "excuse" the Ch7 due to circumstances beyond my control.  I have a letter from the FBI stating not to penalize me more as a vivtim of fraud.

 

Any advise would help,

 

Ryan

Message 1 of 12
11 REPLIES 11
StartingOver10
Moderator Emerita

Re: Mortgage Fraud Victim HELP!

There is a possiblity that your particular circumstance might qualify you for "Extenuatimg Circumstances" to allow you to get an FHA loan in a year after your BK. I don't know for sure. I hope Shanethemortgageman and DallasLoanGuy weigh in with their comments.

 

Make sure to hang on to all the proof that it was fraud. Especially that FBI letter.

Message 2 of 12
DallasLoanGuy
Super Contributor

Re: Mortgage Fraud Victim HELP!

regardless of what the letter says.....  underwriter will want to hear the whole story

 

yes. fha allows 1yr post bk/fc with extenuating circumstances.

they arent very flippant about granting the circumstances.

 

can you share the story?

 

Retired Lender
Message 3 of 12
rnsy8s1
Member

Re: Mortgage Fraud Victim HELP!

I was in the military, time to PCS.  Market crashed and I was way underwater on the mortgage.  No one was buying and I couldn't get renters.  Really starting to stress because it was time to move!

 

Then, this investor approached me and said "no need to worry" I'll take care of this for you.  He said he would work with my bank and negotiate a short sale.  Yes it would be bad on my credit but not as bad as a foreclosure.  So to represent me with the bank and be able to execute the short sale, he needed a power of attorney and a quit claim deed.  I was very SKEPTICAL! He said he does this all the time and I could call any of his references.  It was a long list and I chose 3.  All 3 turned out to be military families and said they really like the service he provided.  After checking things out we went ahead and did the power of attorney and Quit Claim Deed in my name and he used an alias (I found out about later). 

 

So thinking everything was getting handled, we PCS'd and felt pretty good.  Then about a year later the FBI knocked on my door.  They walked into my dining room table opened a folder and asked if I recognized the document.  Well yes, it was the POA and QC Deed.  The FBI said thank you for identifying this document and they just left.  Shortly after that the FBI called back and told me he also had the title in his name.  He staged a fraudulent Quiet Title hearing and the judge awarded him the title. BUT I STILL OWED THE MORTGAGE.  I never paid because nothing was in my name, so they tried to foreclose on me.  But since all the documents were in a fake name, they couldn't complete the foreclosure process. So the property just sat for years with his ex-wife living there for free.

 

Then I starting meeting with lots of attorneys and military legal etc.  They all said it would take 10-15K to sue him and try to get things all corrected.  It may or may not work in my favor and I would be out a lot of money for trying. Then another attorney suggested I just file bankruptcy and rid myself of the whole the whole mess.  So that's what I did.  Filed Ch7 and walked away from the nightmare.  I filed recently and I really want to buy a home soon using my VA eligibility.  But since I have a bankruptcy, I'm back in the 12-24 month repair game.  My credit was 710 before all this happened.  The FBI has a victim specialist unit and they sent me a letter that asks all creditors to be empathetic to my situation and not to use my tarnished credit against me.  I was a victim of fraud plain and simple.  The guy ended up spening years in State prison and now he's in Federal prison for some more time (years I think).

 

So, can I get a VA loan if I explain this to the underwriter?

 

Thanks again for the advice.

 

 

Message 4 of 12
rnsy8s1
Member

Re: Mortgage Fraud Victim HELP!

Also..... do I still have to wait a year even though I was the victim?

Message 5 of 12
mynameainttracy
Established Contributor

Re: Mortgage Fraud Victim HELP!

 
Message 6 of 12
mynameainttracy
Established Contributor

Re: Mortgage Fraud Victim HELP!


Did you include any other debt in your chapter 7 case?

Message 7 of 12
rnsy8s1
Member

Re: Mortgage Fraud Victim HELP!

Yes, my attorney advised clearing out everything since the atom bomb was going off already.
Message 8 of 12
StartingOver10
Moderator Emerita

Re: Mortgage Fraud Victim HELP!


@rnsy8s1 wrote:
Yes, my attorney advised clearing out everything since the atom bomb was going off already.

This is what I see from your story:  you transferred over your ownership to the property via a Quit Claim Deed and POA. Bluntly put - you didn't do the right thing either because you can not get rid of a mortgage by transferring the asset/collateral.  There are entire paragraphs in the mortgage prohibing transfer of the property without paying off the mortgage.

 

I know you are dissappointed because you really were taken by surprise by this person. It does sound like that "buyer" took advantage of your situation. But I don't know that it rises to the level of "extenuating circumstances" as an underwriter would look at it. You can try to make application for a new loan in a year, but I strongly suspect you will have to wait the entire 3 years, even with the letter from the FBI.

Message 9 of 12
clipperskipper
Regular Contributor

Re: Mortgage Fraud Victim HELP!

Sounds similar to the Mauk and Cox scam some years ago:http://en.wikipedia.org/wiki/Matthew_Cox

 

I certainly hope that they screw this person to the wall, 3" deck screws otta do it.

Message 10 of 12
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