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Updated about 2 years ago on . Most recent reply

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Sade Davis
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Possible Victim of Predatory Lending, Who do I turn to for help

Sade Davis
Posted

My grandparents died back in 2012, a few years before that they refinanced their home (brought originally in 1982) into a 28% refinancing loan. When my grandparents died in 2012, they owed $40k on the loan. Today, there is still around $ 35k left on the loan. My mother has resided in the home since my grandparent's death and she has been paying the mortgage but it is expensive as she is on a fixed income. The loan/note is still in my grandparent's name but my mother has continued to make payments over the years. I want to help her get a better interest rate so the payments are more affordable. My question is if there is any legal action that can be taken against the lender? Or any steps my mother can take to refinance? I also want to add the dynamic of additional siblings who refuse to sign off on anything so that my mother can get a loan in her name since technically the home belongs to all of the siblings. 

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  • Investor
  • Scottsdale Austin Tuktoyaktuk
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  • Investor
  • Scottsdale Austin Tuktoyaktuk
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Quote from @Sade Davis:

My grandparents died back in 2012, a few years before that they refinanced their home (brought originally in 1982) into a 28% refinancing loan. When my grandparents died in 2012, they owed $40k on the loan. Today, there is still around $ 35k left on the loan. My mother has resided in the home since my grandparent's death and she has been paying the mortgage but it is expensive as she is on a fixed income. The loan/note is still in my grandparent's name but my mother has continued to make payments over the years. I want to help her get a better interest rate so the payments are more affordable. My question is if there is any legal action that can be taken against the lender? Or any steps my mother can take to refinance? I also want to add the dynamic of additional siblings who refuse to sign off on anything so that my mother can get a loan in her name since technically the home belongs to all of the siblings. 

It's interesting this wasn't addressed when it was taken through probate. If it wasn't taken through probate, it is likely your mother doesn't own the home.

I'd start with trying to find out who is on title buy asking a title company. They may charge money to determine that, but it is a complex problem since the siblings are disputing it. It is likely that if the property is not in her name, she can't sue anyone. Then she has a bigger problem. At best it means going through probate. 

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