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About Jim Hoepf
Expertise
I have a diverse background that allows me to answer questions regarding underwriting, collections and industry changes.

Experience
I have 18 years of experience in the industry. I have an extensive underwriting background that allows me to have a greater understanding of how to properly structure a loan for approval. I have been cohost of the local radio show Real Estate Matters for the last four years. I have owned and operated my own brokerage firm for the last 10 years. Along with originating and underwriting I have also handled mortgage delinquency and the foreclosure process.

Education/Credentials
BS in Business Administration from Bluffton University. I have also participated in numerous underwriting workshops put on by Fannie Mae and lenders in the Phoenix area.

Awards and Honors
Broker of the year for Arizona with Homeside Lending.

You are here: Experts > Shopping > Home Buying/Selling > Real Estate Home Mortgages > RESPA Question-Found forged mortgage documents

Real Estate Home Mortgages - RESPA Question-Found forged mortgage documents

Expert: Jim Hoepf - 10/31/2009

Question
After learing about RESPA requests, I requested and received a complete copy of my 1st mortgage loan closing documents and
lender package (I closed in April 2004) from Countrywide. After review of the documents, I was surprised to learn that the following documents were not signed by me because the signature is completely different than mine:

1.) Letter stating “the inquiries on my credit is due to looking for the best rate”
2.) Request for Copy of Transcript of Tax Form
3.) Truth In Lending Disclosure Statement
4.) Good Faith Estimate
5.) Good Faith Estimate of Closing Costs
6.) Equal Credit Opportunity Act
7.) The Housing Financial Discrimination Act of 1977. Fair Lending Notice
8.) Mortgage Loan Origination Agreement
9.) Page 2 of Privacy Policy Disclosure
10.) Notice to Applicant of Right to Receive
Copy of Appraisal Report

My guess is the loan broker I went to changed the original loan documents for the original lender, Ameriquest, and signed my name to them without my knowledge. What scares me is Ameriquest (who sold my loan to Countrywide) didn't even compare signatures before
funding the loan!

Is there anything I should do besides making a complaint to Countrywide? Something tell's me this is fraud and Countrywide doesn't have the right to accept payments for this loan. What should I do? I honestly would like to get a modification on my loan.

Answer
Tom,

It appears that your list of documents are only preliminary documents meant for the brokers file. If your signature in on the final documents, such as the note and deed of trust, then that is all Ameriquest / Countrywide is concerned with. The preliminary documents aren't as big of a concern with the lender as much as the final documents being correct.

When your file was purchased by Countrywide, it was probably in a bulk of many loans. They only sample a certain percentage of those loans to make sure the documents are right. If you signed the final loan papers, then Countrywide has every right to collect the payments.

I would approach Countrywide (B of A) about getting a modification. I don't think I would push the subject of Fraud or anything like that because it could prolong the chance of you getting a modification. Here's something to keep in mind....you have to be able to prove a hardship and your current payment has to be above 31% for your total gross income.

I hope this information helps. If you have more questions on the modification, let me know.

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About Real Estate Home Mortgages
This topic answers questions related to purchasing a home, owning a home, home ownership, mortgage education, mortgage applications, and mortgage needs whether buying a first home or refinancing a current loan. Issues related to home ownership, home equity, mortgage education, refinacing options, home improvment finacing, first time home loans, home equity loans, vactation home loans, and mortgages for investment homes are dealt with here also. Though not the primary focus of this topic, Home Equity Lines of Credits (HELOCS), reverse mortgages, and calculating home equity may also be asked. If you do not see your home mortgae, home finacing, or home equity question answered in this area then please ask a question here