Legal Question in Consumer Law in Missouri

The loan originator, brokerage and mortgage company committed fraud on my mortgage loan. We filed a civil suit and received judgments in our favor. In addition, the state Attorney General filed a case on our behalf and we also received judgments in our favor. However, all defendents have filed bankruptcy and the judgments are uncollectible. The loan has long-since been sold to another company/servicer. Do we have a case against the new owner/servicer of the loan to ask that they revert our mortgage back to the original terms before we refinanced our home under these fraudlent terms? Do we have a case to request that the loan be voided all together?


Asked on 10/04/10, 7:59 pm

1 Answer from Attorneys
Sean Santoro Santoro Law Office

You might be able to hold the new owner of the loan to the original contract if a subsequent contract has been voided. As to moving to void the loan altogether, I will assume two things: 1) That you do not intend to surrender possession, and 2) That under the original terms of contract, there is still a balance due on the mortgage. The question is, under what terms?

What does the court order in your suit(s) say in this regard? If silent, I would need to know the original terms of contract, and to what extent the new lender is deviating from them. If you have these documents and need further input, feel free to email or call me.

Sean Santoro/Licensed in KS and MO

www.roadlawyer.net

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Answered on 10/13/10, 11:40 am


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