Question We are getting calls from Flagstar bank, who now holds our mortgage here in Northern Virginia, that they have lost the mortgage docs and need us to resign. We are not in foreclosure and, hopefully, never plan to be. But, I'm hesitant to "resign" anything. Are we obligated to resign the docs? Perhaps there's some way to work this to our advantage (lower mortgage rate, etc., he he)??
Answer There might have been verbiage when you signed that allow them to ask you to resign in case of situation such as this. I don't know the answer to that. There was a theory that you could request banks to produce the note you signed and if they could not do it, foreclosure was stopped. This did not prevent them from losing the home but it delayed the sale for time to allow the lenders to proceed with the sale. I would call them and say you are not comfortable signing again, it would be a legal question if you are obligated to sign. Perhaps you could work a lower rate out. It's worth a call
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Bill, thanks so much for your response. I'll talk with them and see.
Anything to do with residental real estate: Disclosure, title issues, buyer and seller representation, foreclosure, ethics, rentals, landlord rights, evictions, inspection, time frames, Arizona purchase contract. For buying and selling in Arizona contact me at www.realestatematters.org
27 years in the business. Broker owner of Iannelli and Associates. Radio host, expert witness and certified real estate instructor at the Arizona School of Real Estate and Business. Own my own portfolio of real estate, developer of apartments, commercial real estate and single family homes.
Organizations National Association of Realtors, Member of both the Phoenix and Prescott multiple listing service.
Publications Desert Advocate Newspaper Carefree Arizona. Question and answer column. Broker agent news, TV and radio stations.
Education/Credentials Licensed Real Estate Broker, BS in Education, certified real estate instructor for the Arizona School of Real Estate.
Awards and Honors Don't want to brag. Not important to the public. They want answers and advice not me telling them how many millions of dollars of real estate I have sold.