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Updated almost 9 years ago on . Most recent reply

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Austin S.
  • Stoneham, CO
5
Votes |
52
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Note got pulled for random audit!

Austin S.
  • Stoneham, CO
Posted

My father purchased a note about a year ago. We just got notice from our servicer that we are out of compliance. I will try and explain the situation.

1) It was a land contract that was originated in 2011
2) There is language in the contract that states after 24 probationary payments, the seller would quit claim the property to the buyer and then record a mortgage and note.
3) This apparently never got done.

So my questions are many at this point. I talked with the servicer and they of course couldn't give me any advice as they are not legal experts. He thought though that we may have to find an originator in Oregon to draw up new loan documents and all, which then makes me think we will have to comply with Dodd-Frank and all the ability-to-repay requirements. I have so many questions I am not even sure where to start or how to ask. Can anybody point me in the right direction?

Most Popular Reply

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Curt Smith
#4 Innovative Strategies Contributor
  • Rental Property Investor
  • Clarkston, GA
1,919
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2,040
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Curt Smith
#4 Innovative Strategies Contributor
  • Rental Property Investor
  • Clarkston, GA
Replied

There's too much to DFA and CFPB updates to consider this barneswalker.com URLs to be definitive.  I see missing important info:

- High expense mortgage requires use of LMLO even if you qualify for an exemption

- A CFPB update requires use of a servicer if taxes and insurance is being escrowed OR  if high expense mortgage.

Probably more...

  • Curt Smith
  • [email protected]
  • 678-948-7151
  • Loading replies...