MY HUSBAND AND I REFINANCED OUR HOME IN LOUISIANA IN 1997 AND NEVER RECEIVED THE MONEY FROM DOING SO. IT WAS A PERSONAL LOAN. THE LOAN OFFICER DID PAY OFF SOME OF OUR BILLS, BUT WE DID IT TO PULL OUR EQUITY OUT. WELL, I DIDN'T SIGN THE NOTE. I TRIED TO CONTACT SUPERVISORS REGARDING GETTING OUR MONEY, BUT HAD NO RESULTS. SO, I FILED A BANKRUPTCY. GUESS WHAT! I FILED IN MAY AND THEY MUST HAVE FILED IN JUNE BECAUSE THEY HAD UNTIL AUGUST TO ANSWER. WHEN WE DID GET AN ANSWER, IT WAS A PETITION FOR REFORMATION AND RECOGNITION IN 2001. I CALLED THE SERVICE OF PROCESS ATTORNEY AND HE SAID BECAUSE I DIDN'T SIGN THE NOTE I AM THE SOLE OWNER OF THE HOUSE. THEY HAVE ME LISTED IN THE CREDIT BUREAU AS BEING 5 MONTHS BEHIND. THEY NEVER CANCELLED THE FIRST MORTGAGE AND THIS NEW MORTGAGE COMPANY CONTINUE TO WRITE ME AND CALL ASKING FOR PAYMENTS. I GUESS WITH THE OLD MORTGAGE COMPANY FILING BANKRUPTCY TOO THAT'S WHY THEY DIDN'T ANSWER.
SO, WHAT CAN I DO TO REGAIN MY HOUSE FREE AND CLEAR WITHOUT ANY RECOURSE.? THEIR ATTORNEY SAYS I OWN IT SOLELY. WE FILED OUR BANKRUPTCY IN 1999.

You need to speak to an attorney in person with all the documentation in front of you.

Have a title company perform a search, and provide you with the abstract (the documentation showing all liens on title). You should be able to provide the abstract to the bureaus as proof that you have no liens on title, and have the mortgage deleted. You will still need an attorney, more than likely, but as far as I know if you didn't sign the closing package the loan didn't close. Which mortgage company did you use in Louisiana? I live and work in New Orleans for part of the year and am pretty familiar with both the lenders and brokers in this state.

Also, for help disputing the late payments, try the credit forums and mortgage forums at www.creditboards.com and www.artofcredit.com. They may have some advice, or have been in a similar situation. This forum consists mostly of commercial scenarios.

As far as the mortgage company we used was UC Lending. We refinanced for personal reasons
and didn't pull all of our equity out. When we went to sign he didn't give us the check. Then he
told my husband he would distribute the monies for him. Well, he did pay off my student loan.
Other than that he wouldn't give us anymore money and at the time we wanted to take a vacation and finish adding on a room on our house. I contacted his district supervisor who said he would check into it and get back with me, that day never came. We owed $24,000 on the house and refinanced for $49,900. Where did the money go? We never got it! EMC Mortgage out of Texas acquired their notes after they came out of bankruptcy. That's whose been calling everyday.

You may want to take a moment and look over whats called a HUD. It should have been given to you at the signing. Even though you claim BK on your mortgage it doesn't relieve you of your mortgage you still must make payments or your house will go into forclosure. Even though UC lending claimed BK that again doesn't relieve you of your mortgage because EMC actually bought your mortgage note from them. So now you owe them. If you look over your HUD it will list out all the fees and then at the end show what is due to you if any. There are cases where loan officers can say anything just to do the loan and then in the end nothing they said was how it worked out. If you review the HUD and still feel money is missing you should consult a real estate attorney.

Money is definitely owed to us bcause we only owed $24k on the house and refinanced for $50k.

The money was for personal reasons by pulling out our equity. $20k was for us, and we were

paying for it and never recieved it. That's gotta be fraudulent. I mean, where do the money go

if you don't get it? I want my money. We continued to pay our debt for 2 years and still didn't

receive our money. I don't think HUD let's you borrow money you will not receive expecially when

it was clear money. Maybe I'm not explaining myself properly but I don't think I can get any

simpler than what I'm saying.

HUD is a form that details where the money is going or has gone at closing. Look at the papers that you got when you closed the loan. One of those should be this form.

It does not refer to the federal agency.

I repeat my prior comment. You need an attorney to help you that can look at the papers.