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GMAC RFC and forged signature on Mortgagte Application


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I need some advice to help my Fiance, sorry but it's going to be long winded but here goes: he had his home repossessed last August in the Bolton County Court and to us the case has never run true in my mind. Due to the CSA getting hold of him he knew that when his overtime stopped a few months then he would not be able to afford his mortgage repayments so he decided to sell his home to come and live with me, so he emptied his house and put it on the market but as we all know the property market slumped and nobody was buying.

He informed GMAC who he had his mortgage with a month in advance he would be defaulting on his mortgage as his overtime had stopped but he informed them thast his home was on the market and asked would they suspend any penalties until he sold it. They refused and said once he defaults they will begiin with legal proceedings, this they did do so, he got the usual letters we have passed your details onto our solicitors ( which they did not tell him who they were) it just said their solicitors to deal with repossession proceedings. He later found out it was TLT Solicitors who were dealing with it. He was made an offer of £90000, he borrowed £84000 the year previous from GMAC so he told GMAC that he had an offer but they came back with sorry if he wants to pay the mortgage off early then he will have to pay back £95000. The sale fell through and the buyers lost £600 as they had paid for their search and other fees.

On the day of the court hearing I went along with him and when we got into the court waiting area there was a chap going round speaking to other couples who were oibviously in for their repossessions and this chap was saying to one couple " im a representative acting on behalf of Northern Rock" then he would go to somebody else and say " im a representative acting on behalf of Barclays" and so on and so on. He came to my Fiance and said he was an Agenct acting on behalf of GMAC, my fiance informed him that as far as he was concerned TLT were dealing with it and that TLT have not informed him that they had passed it onto another agent so why was he in possession of my Fiances details and that he feels that a breach of Data Protection had taken place.

I went into the Judges chambers with him and he was the last to go in so this agent was already in the chambers and before we even shut the door the Judge stated to my fiance that his case has not been discussed prior to him going in however things didnt ring true at the hearing.

My Fiance put forward a copy of the handbook supplied by GMAC to show that procedures had not been followed, he informed the judge that he had it on the market and had a buyer for it but GMAC refused to accept it. The Judge told my fiance that he should not have put it on the market in the first place if he knew he was going to default on the mortgage. My Fiance replied by stating to the judge that he had no right saying that because when he put the property on the market he was still paying the mortgage and it would be some 5 months later before his overtime would stop so he thought it be best to try and sell it to see if he could get that noose from around his neck. The Judge just said no im granting the repossession order to be undertaken on or before 10th September 2008. The agent acting on behalf of GMAC or TLT never spoke a word never defended the evidence my Fiance put down nothing, so my Fiance called the Judge corrupt and asked for the transcript of the hearing, he was told to wait outside and he would get it to him. The transcript did not tally up with what was said, it was hand written by the judge and their were a few lies in there too.

 

My Fiance initiated an investigation into the Judge which htey are still running around like headless chickens trying to find answers ( they wont he was corrupt to hell). On the 11th September my Fiance received a phonecall from GMAC asking him if he could get the buyer interested again in the proerty who offered himthe £90000, he replied by stating that the property was no longer his and that it was now theirs as it stated in the court order, GMAC stated the court order was worded wrong and to ignore it, he laughed and said you better take that up with the court and not to try and get him to breach a court order.

 

Anyway since then my Fiance has been concerned at how things aren't going right and how he intends to fight them all the way, so he though if they sell it at a reduced rate they will try and come at him for the short fall so he wanted to be armed, he thought that by them stating they wanted him to breach the order they were up to something so he requested his DPA prints or SAR and he asked for ALL information they held about his case incluing recorded calls, they refused to furnish him with his calls. When he received the pack a few days ago he noticed that on the Mortgage Apllication Declaration his signature has been forged and its blatantly clear to see it is not his signature. What can he do now?

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First of all there are obviously a lot of questions in your post.

 

Just to make things clear - you say the loan was £84000 a year before the attempted sale and they asked for £95000 - it appears that there was an early redemption fee in the mortgage conditions ?

 

In that case there would be negative equity and therefore the lender would have to give permission for the sale.

 

Was the offer an official offer and proceeding to sale - that is no chain?

 

When he moved out of the property did he inform the lender that it was unoccupied and confirm his new address?

 

What was the arrears figure at the time of the court hearing and how many months did that represent?

 

Did he keep all contact with the lender in writing?

 

I find it difficult to comment on the actual hearing - as usually you may be offered help from an on duty solicitor when you go into the court to help you understand the proceedings - were you not offered that?

 

What was your fiance actually asking for - a chance to sell the house before possession? Was he offering any monthly payment at the hearing?

 

The application form is not the final documents he would sign - they would have probably be signed at a solicitors office - mortgage deed etc - did he do that?

Please note I am not an expert - I am not offering opinions or legal help - Please use all the information provided on the site in FAQ- step by step instructions and library- thanks Jansus:)

http://www.consumeractiongroup.co.uk/forum/images/icons/icon1.gif

offer from A&L 24/8/07 - after case stayed

 

"What makes the desert beautiful is that somewhere it hides a well." - Antione de Saint Exupery

 

 

PROUD TO BE AN ORANGE

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he did know there was an early redemption fee but not for the tune of £11000.

 

Yes it was an official offer and there was no chain

 

He kept the house furnished and kept up the house insurance payments, but he did not inform them the property was unoccupied.

 

The arrears figures was included in the £95000 and it was for 3 months of arrears.

 

He kept in touch with the mortgage lender by phone and not correspondence. It stated in their handbook tocontact them as soon as possible so they can help you out, they did not offer any help what so ever and this was proven in court but the judge still went ahead with the repossession order.

 

No help was offered in the courts by any legal advisor, my Fiance is very clued up as we run an organisation which helps fight the corrupt Child Support Agency and we are the only people who will take them on no solicitors will touch them so he is clued on that aspect.

 

He did ask for the chance to sell the property before repossession but they refused. He stated he could not offer any payment as he was being stung by the CSA which was out of his hands and down to the Government dictatorship.

 

He did not sign any mortgage agreement as it took the mortgage broker and the Mortgage lender 7 months to sort out his remortgage, they kept losing paper work so in the end my Fiance told them he was pullingout as they were taking the mick taking so long for a remortgage, the next thing the mortgage is granted

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He did ask for the chance to sell the property before repossession but they refused. He stated he could not offer any payment as he was being stung by the CSA which was out of his hands and down to the Government dictatorship.

 

With an offer that was below the debt and no offer to make any payment to the mortgage, it is not surprising that they refused.

His reasons for disliking the CSA would be irrelevant.

 

He did not sign any mortgage agreement as it took the mortgage broker and the Mortgage lender 7 months to sort out his remortgage, they kept losing paper work so in the end my Fiance told them he was pullingout as they were taking the mick taking so long for a remortgage, the next thing the mortgage is granted

 

Presumably when the offer was made he accepted and completed the correct legal documents. His previous loan was then discharged and he then made payments to this loan? The details of the ERC would have been in his offer documents as a % so they are quite simple to calculate.

 

What exactly is it you are trying to do/find out/acheive?

 

What exactly

Consumer Health Forums - where you can discuss any health or relationship matters.

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