Product: Mortgage

IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT IN AND FOR XXXX COUNTY, FLORIDA CIVIL DIVISION Case No. XXXX XXXX XXXX, XXXX Plaintiff, Loan No. XXXX v. 

XXXX XXXX XXXX, XXXX A/K/A/ XXXX XXXX XXXX 
XXXX ; XXXX XXXX XXXX ; UNKNOWN SPOUSE OF XXXX XXXX XXXX, XXXX A/K/A XXXX XXXX XXXX 
XXXX ; UNKNOWN SPOUSE OF XXXX XXXX 
XXXX ; UNKNOWN TENANT # 1 ; UNKNOWN TENANT # 2 ; ALL OTHER UNKNOWN PARTIES CLAIMING INTERESTS BY, THROUGH, UNDER, AND AGAINST A NAMED DEFENDANT ( S ) WHO ARE NOT KNOWN TO BE DEAD OR ALIVE, WHETHER SAME UNKNOWN PARTIES MAY CLAIM AN INTEREST AS SPOUSES, HEIRS, DEVISEES, GRANTEES, OR OTHER CLAIMAINTS, Defendants, COMPLAINT TO XXXX XXXX Requesting Time to complete Quiet Title procedure enforcement Presently the resolution department at XXXX XXXX is not honoring Article 12 of the Mortgage signed by XXXX XXXX XXXX and XXXX XXXX XXXX on XX/XX/XXXX : Loan No. XXXX ; XXXX ( XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX ). This problem has been continual from the previous servicing companies. 
This is not allowing me, the co-mortgagor/successor, to communicate and complete all procedures and/or any other instruments required regarding this loan. 
The following issues are the reason the lender will not communicate with me : the deed ( XXXX XXXX XXXX XXXX XXXX ) reads as Tenants in Common ( based on the entitlement of interest ) but the mortgage reads as Joint Tenants ( equal share ). 
Special note : I was never allowed to sign the note to grant my portion of ownership of the property ; this is due to the mortgage being written as Joint Tenants. 
INTRODUCTION A. The borrower/co-mortgagor refinanced the home in XX/XX/XXXX ; borrower left the home in XX/XX/XXXX. The borrower abandoned the residence leaving the co-mortgagor to bear all household expenses.

B. The borrowers mother moved into the home with co-mortgagor in XX/XX/XXXX due to being under XXXX XXXX and XXXX in XX/XX/XXXX. This was an additional expense to co-mortgagor. Co-mortgagor received no support of any type from the borrower. 
C. The borrower got married in XX/XX/XXXX and then filed bankruptcy ( reporting to the foreclosure courts his stand { XXXX XXXX XXXX  Register of Actions, Response dated XX/XX/XXXX } on our residences foreclosure process ). This item and his absence from any hearings regarding the foreclosure, conveys all interest in the property. 
D. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. 
E. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. 
F. Co-mortgagor/successor was forced to file bankruptcy in order to halt the foreclosure, which damaged co-mortgagors credit. Co-mortgagor/successor is still making payments to the bankruptcy court / suspended account during mediation agreement. 
G. If my mediation does not come to an agreement, I have two options as a co-mortgagor/successor : a. Surrender my interest in the property ( as I did not sign the note, I did not give my equity interest to the bank as security ) and the funds in the suspended account for bankruptcy and funds paid for qualifying for assuming the mortgage. The borrower gave up his equity interest in the property ; the bank secured his portion of the equity interest. 
b. Make a monthly payment of {$2900.00} for the next 40 months then resume making monthly mortgage payments directly to the bank. The bank is willing to accept the above payment amount knowing that my taxable income is well below that amount ( no proof of income as long as I can make the payments ). 
H. File a quiet title in order to eliminate XXXX XXXX XXXX as a Grantee. The mortgage will still be a legal entity against the borrower ( XXXX XXXX XXXX ) in Chapter XXXX bankruptcy. 

Borrower a. Borrower cohabitated in an apartment along with co-mortgagors son from a previous relationship and had a daughter with co-mortgagor. 
b. Co-mortgagor added borrower to the deed then obtained a construction loan to build our first home where co-mortgagors initial house stood ; with future plans to get married. 
c. Co-mortgagor paid off the prior mortgage with funds from my retirement plan. 
d. Borrower/co-mortgagor used borrowers sister as a mortgage broker/loan officer and cousin as closing agent.

e. Co-mortgagor used 401K earnings to pay off the balance on the FHA loan of our first homestead property. 
f. Borrower wanted a 30-year instead of 15-year term mortgage wanted by the co-mortgagor ; by being the sole signer on the promissory note as borrower, he designated the 30-year mortgage.

g. Borrower/co-mortgagor provided all documents required for this type of loan. They were provided to the processor and underwriter for approval of this loan. There was neither request for the current warranty deed nor a request for a new deed to be signed.

h. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. 
i. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. 
j. Borrower abandoned the residential property and got married and filed Chapter XXXX conveying all financial responsibilities to the residential property. 
k. Borrower took a stand for the right to remove himself from tenants in common by writing a Lis Pendens response to the Foreclosure Homestead, Case No. XXXX, conveying his interest to the property ; relinquishing absolute and unconditional control. Borrower has been in default of Foreclosure Homestead as of XX/XX/XXXX. By being in default, borrower has shown the bankruptcy and foreclosure courts that he has no intent, concern, interest, or value to this property. 

Co-Mortgagor/Successor ( from Mortgage under Joint Tenants ) a. The property was given to the co-mortgagor by my father.

b. Co-mortgagor added the borrower to the deed in XX/XX/XXXX in order to obtain a construction loan. 
c. After completion, borrower/co-mortgagor obtained an FHA loan. Deed and promissory note read as follows : XXXX XXXX XXXX XXXX XXXX, a single man and XXXX XXXX XXXX, a single woman ( as tenants in common ). 
d. The home was refinanced in XX/XX/XXXX. I used my 401K earnings to pay off the balance on the FHA loan. I was informed by the mortgage broker/loan officer ( the  borrowers sister ) and the closing agent ( the borrowers cousin ) that I would be on the mortgage and the promissory note for a 15-year term not 30 years. I signed the documents early as I had to return to work and was ensured by the mortgage broker/closing agent that everything would be fine. 
e. Borrower/co-mortgagor provided all documents required for this type of loan. They were provided to the processor and underwriter for approval of this loan. There was neither a request for the current warranty deed nor a request for a new deed to be signed. 
f. I found out after the 3-day rescission period that the numbers were different. After reviewing the closing documents at home, I found out that only the borrowers bills were paid and funds from the proceeds were paid directly to the borrower only. 
g. Shortly after closing the loan, the borrower began staying in XXXX stating it was more cost effective for him than commuting back to XXXX. 
h. The hardship began when the borrower left in XX/XX/XXXX. I was now left with all of the household expenses, raising our daughter alone, and caring for the borrowers sick mother who moved in with me in XX/XX/XXXX. She was under XXXX XXXX and XXXX in XX/XX/XXXX. Please note that borrower never supported our daughter nor assisted financially for his mothers care. 
i. Co-mortgagor received documents about a loan modification in the borrowers name. Lender still enforces the mortgage documents and promissory note and stated they could not speak with me. The lender at that time informed me to continue to make payments to the suspended account for one year and the borrowers name would be removed from the deed and mortgage. 
j. Mortgagee still enforces the mortgage documents as a joint tenancy, and promissory note and stated they could not speak with the co-mortgagor ; disregarding Article 12 of  the Mortgage. However, the mortgagee at that time verbally informed co-mortgagor to continue to make payments to the suspended account for one year and the borrowers name would be removed from the Deed and Mortgage. 

a. Co-mortgagor/successor continued to make payments ( based on Article 12 of the Mortgage ) toward the main objective for mortgage qualification payments placed in a suspended account from XX/XX/XXXX through XX/XX/XXXX ( over three years ). The mortgagee still enforcing the mortgage documents as a Joint Tenant refused to speak with me and continued with foreclosure proceedings. Borrower abandoned the residential property and got married and filed Chapter XXXX conveying all financial responsibilities to the residential property. Please note, from my understanding, the borrower attended all his Chapter XXXX bankruptcy hearings because he had an interest or concern. He told me that he had no interest or concern in this matter any more. 
k. Co-mortgagor continued to make payments from XX/XX/XXXX through XX/XX/XXXX attempting to qualify to be added to the promissory note. However, the funds were collected from me but they proceeded with the foreclosure informing me that I must have the borrower sign off the deed. My first attorney never addressed the concern of how to have the borrower removed from the deed by use of a quiet title. He only referred to a quit claim deed. Other attorneys stated nothing could be done but to surrender the property. 
l. Co-mortgagor was forced to file bankruptcy, using Article 12 of the Mortgage, in order to halt the foreclosure. During bankruptcy proceedings for Chapter XXXX, again I continued to make payments toward qualifying to obtain the mortgage in co-mortgagors name. I began making payments to the bankruptcy courts, as a Successor based on Article 12 of  the Mortgage, ( in a suspended account ) in XX/XX/XXXX through XX/XX/XXXX. 
m. Bankruptcy mediation gave me, the Successor ( based on Article 12 of the Mortgage ), two options by XX/XX/XXXX 1. Surrender my interest in the property ( as I did not sign the note as a co-borrower, I did not give my equity interest to the bank as security ) and the funds in the suspended account for bankruptcy and funds paid for qualifying for assuming the mortgage. The borrower gave up his equity interest in the property ; the bank secured his portion of the equity interest. 
2. Make a monthly payment of {$2900.00} for the next 40 months then resume making monthly mortgage payments directly to the bank. 
n. File a quiet title in order to eliminate XXXX XXXX XXXX as a Grantee. The mortgage will still be a legal entity against the borrower ( XXXX XXXX XXXX ) in Chapter XXXX bankruptcy. 

FACTS Uniform Residential Loan Application ( Information on the loan application is what is used for underwriting the loan for approval ) Mortgage applications follow the Uniform Residential Loan Application I. TYPE OF MORTGAGE AND TERMS OF LOAN Mortgage Applied for : Conventional Agency Case Number Lender Case Number XXXX XXXX. PROPERTY INFORMATION AND PURPOSE OF LOAN Subject Property Address ( street, city, state & ZIP ) XXXX XXXX XXXX, XXXX, XXXX XXXX, Florida XXXX Legal Description of Subject Property ( attach description if necessary ) Year Built See attached Deed XX/XX/XXXX Purpose of Loan : Refinance Property will be : Primary Residence Title will be held in what Name ( s )  Manner in which Title will be held XXXX XXXX XXXX XXXX XXXX, single man Tenants in Common XXXX XXXX XXXX, single woman VIII. DECLARATIONS If you answer Yes to any questions a through e, Borrower Co-Borrower Please use continuation sheet for explanation All answers are NO -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- -- - l. Do you intend to occupy the property as your primary residence? If Yes, complete question m below.

m. Have you had an ownership interest in a property in the last three years? Yes ( 1 ) What type of property did you ownprincipal residence ( PR ) ( 2 ) How did you hold title to the homejointly with another person ( O )? XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX. 
ACKNOWLEDGEMENT AND AGREEMENT Each of the undersigned specifically represents to Lender and to Lender 's actual or potential agents, brokers, processors, attorneys, insurers, servicers, successors and assigns and agrees and acknowledges that : ( 1 ) the information provided in this application is true and correct as of the date set forth opposite my signature and that any intentional or negligent misrepresentation of this information contained in this application may result in civil liability, including monetary damages, to any person who may suffer any loss due to reliance upon any misrepresentation that I have made on this application, and/or in criminal penalties including, but not limited to, fine or imprisonment or both under the provisions of Title 18, United States Code, Sec. 1001, et seq. ; ( 2 ) the loan requested pursuant to this application ( the " Loan '' ) will be secured by a mortgage or deed of trust on the property described in this application ; ( 3 ) the property will not be used for any illegal or prohibited purpose or use ; ( 4 ) all statements made in this application are made for the purpose of obtaining a residential mortgage loan ; ( 5 ) the property will be occupied as indicated in this application ; ( 6 ) the Lender, its servicers, successors or assigns may retain the original and/or an electronic record of this application, whether or not the Loan is approved ; ( 7 ) the Lender and its agents, brokers, insurers, servicers, successors, and assigns may continuously rely on the information contained in the application, and I am obligated to amend and/or supplement the information provided in this application if any of the material facts that I have represented herein should change prior to closing of the Loan ; ( 8 ) in the event that my payments on the Loan become delinquent, the Lender, its servicers, successors or assigns may, in addition to any other rights and remedies that it may have relating to such delinquency, report my name and account information to one or more consumer reporting agencies ; ( 9 ) ownership of the Loan and/or administration of the Loan account may be transferred with such notice as may be required by law ; ( 10 ) neither Lender nor its agents, brokers, insurers, servicers, successors or assigns has made any representation or warranty, express or implied, to me regarding the property or the condition or value of the property ; and ( 11 ) my transmission of this application as an " electronic record '' containing my " electronic signature, '' as those terms are defined in applicable federal and/or state laws ( excluding audio and video recordings ), or my facsimile transmission of this application containing a facsimile of my signature, shall be as effective, enforceable and valid as if a paper version of this application were delivered containing my original written signature. Acknowledgement. Each of the undersigned hereby acknowledges that any owner of the Loan, its servicers, successors and assigns, may verify or reverify any information contained in this application or obtain any information or data relating to the Loan, for any legitimate business purpose through any source, including a source named in this application or a consumer reporting agency. ( Item D ) The practice of most lenders is to rerun information on a weekly basis is to make sure nothings changed and to insure that all data in the loan file is accurate. There are specific rules under the Fair Housing Act and other federal laws with what needs to be asked [ to borrowers ] Mortgage applications follow the Uniform Residential Loan Application thats used by XXXX XXXX  and XXXX XXXX. A mortgage broker/loan officer collects an applicants information on behalf of a lender that makes the decision whether to originate the mortgage. Cant underwrite or approve a loan. 

ISSUES A. All in the Family : improper disclosure to co-mortgagor ; confidentiality issues ; steering customer not to be on the note ; changed co-mortgagor request for a 15-year mortgage through fraud, bad faith, and coercion.

B. Borrower relinquished absolute unconditional control to interest in the deed under borrower ( I thru o ) C. Deed does not match mortgage. The mortgage is a lien on your title and the failure to correctly identify the interest in the property would not allow the enforceability of the mortgage lien. The mortgage should not vary from the deed in description of the property or interest. ( Title company error. ) A form filled out incorrectly or a misunderstood law caused problems. The co-mortgagor/successor lost money due to incompetence or carelessness, the legal entities along with the title company should be held liable for negligence, which is an unintentional breach of a legal duty.

D. As the co-mortgagor did not sign the promissory note as a co-borrower, I did not give my equity interest to the bank as security.

E. The bank is still holding co-mortgagors/successors monthly payments to determine a monthly loan modification payment as a Successor, under the borrowers foreclosure. Co-mortgagor filed Chapter XXXX to obtain a loan modification as a Successor but was turned down both times. A Successor does not have to be on the note, but they have the right to pay off the secured interest held by the bank. The bank must honor her interest in the property as a Successor. The bank has the right to ask the Successor for financial information. No record of where the funds were applied during the qualification for a loan modification as a Successor. As a result of the dismissal of my bankruptcy case, the attorney, XXXX XXXX, has agreed to refund to me {$2700.00} in order to  hire a quiet title attorney. As of today, I am hiring a new attorney, XXXX XXXX XXXX, to file for a quiet title, and to file a complaint with the clerk of courts in XXXX County followed by a Notice of Pendency Action that is recorded by county clerk. Please forward these funds to my attorney, XXXX XXXX XXXX, XXXX, XXXX XXXX XXXX XXXX XXXX, XXXX XXXX, XXXX, FL XXXX, Phone : XXXX, Toll Free : XXXX. I had hired an attorney for a partition ; however, the attorney recommended a quit claim deed by requesting that the borrower, XXXX XXXX, sign the quit claim deed. The attorney was unable to complete this process. 
CONCLUSION A. Title insurance policiesYour closing costs will include payment for the policy that protects the lenders investment against claims against your ownership of the property. This will repay the lender for the amount of your mortgage loan if, for any reason, your ownership is legally declared void. You should seriously consider a title insurance policy to protect your personal investment also. If your title is voided, an owners title insurance policy will repay the amounts of your down payment and other costs. 
B. Errors were made in the mortgage by the underwriter, title company, title agent, closing agent ; all failed in properly titling the vested interest in the property. 
C. All lenders are refusing to speak with the co-mortgagor/successor because she is not on the mortgage note are violating my rights ; again, failing to honor Article 12 of the Mortgage which requires her to file a quiet title.

D. The bankruptcy attorney failed to file the documents in the foreclosure court before the house was sold. 
E. Not signing the note does not equate to XXXX XXXX relinquishing her interest to the bank ( the relinquishing party, XXXX XXXX XXXX, is in Chapter XXXX ). 

REASONING Various factors like rights, titles, and the interests of the borrowers were entrusted to the bank. 
The lender and the borrower trusted that the title company would assume the chronology of these transactions in order that the mortgage-backed securities would enforce the arrangement of the note and the mortgage without any cloud against it. The Deed follows the Note to ensure proper chain of title on an Assignment of a Note and Mortgage. Failure to correctly identify the chain of title interests to the property would not allow the enforceability of a mortgage lien, a foreclosure, nor a bankruptcy. The deed reads the partys names as tenants in common. The mortgage reads the partys names as joint tenants. The correction needed a new deed and should be titled as joint tenants to maintain the chain of title ; or change the mortgage deed to tenants in common. Either correction would force the loan to go back to underwriting. Please note that if there is any change in documents, the borrowers must be informed. 
The mortgage is invalid to the deed if the transfer caused fraud, menace, duress, and undue influence. It should have been overturned by the title company and the underwriter. The homeowner believes she has been taken advantage of by a disreputable company. 
A. Co-mortgagor is requesting that the title company pay defaulted mortgage due to a chain of title issue which negates the promissory note from the deed by not clarifying her interest in the property as designated in a tenants in common. This does not release the borrower from his secured interest which was declared in his Chapter XXXX bankruptcy. There was no clarification of what percentage of secured interest the borrower had with the bank. 
B. Underwriting rules may differ for joint tenants ( equal ownership ) and tenants in common ( percentage of ownership ) on the deed. 
As XXXX XXXX is not honoring Article 12 of the Mortgage and refusing to speak with the co-mortgagor/successor ; the co-mortgagor/successor is requesting a quiet title. Filing a quiet title would give me fee simple sole ownership of the property. I am, therefore requesting time to complete the process due to the status of the foreclosure proceeding. The lender has taken 42 months to refuse my status as a successor as stated in the incorrect mortgage listed as Joint Tenants. I am asking for that time ( 10 months ) to complete filing for quiet title. 

I, XXXX XXXX XXXX, am a co-mortgagor/Defendant in the above-entitled action. I have read the foregoing and know the contents thereof. The same is true of my own knowledge, except as to those matters which are therein alleged on information and belief, and as to those matters, I believe it to be true. 
Dated : XX/XX/XXXX _________________________ XXXX XXXX XXXX Co-Borrower/Defendant Co-Mortgagor/Successor XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX ( XXXX ) XXXX XXXXXXXXXXXX IF A NONLAWYER HELPED YOU FILL OUT THE FORM, HE MUST FILL IN THE BLANKS BELOW : I, XXXX XXXX XXXX, XXXX, a nonlawyer, located at XXXX XXXX XXXX, XXXX FLORIDA, XXXX, helped XXXX XXXX. XXXX., who is the DEFENDANT, fill out this form. 

Copies furnished to : XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, TX XXXX Email : XXXX   XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX Attn : XXXX XXXX, XXXX XXXX  XXXXXXXXXXXX XXXX XXXX XXXX, XXXX. 
XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX Phone : XXXX Toll Free : XXXX Fax : XXXX XXXX XXXX XXXX XXXX XXXX # XXXX, XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXXXXXXXXXX XXXX XXXX XXXX, XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX XXXX, XXXX XXXX XXXX, FL XXXX Phone : XXXX XXXXXXXXXXXX Nationstar Mortgage, LLC XXXX XXXX XXXX XXXX, TX XXXX Attn : XXXX XXXX XXXXXXXXXXXX XXXX Ph XXXX Fax XXXX XXXX XXXX XXXX, XXXX Corrections Officer XXXX XXXX XXXX XXXX XXXX XXXX, FL XXXX XXXX Florida Attorney General XXXX XXXX ; via email Consumer Financial Protection Bureau ; via email Office of the Comptroller of the Currency ( OCC ) ; via email XXXX XXXX, Governor of Florida, via email