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can you have a breach of contract on mortgage???

This is a topic titled can you have a breach of contract on mortgage??? made in the Mortgage Talk section, belongs to our Mortgage Chat category; I know this is going to be confusing, it is for me, but I hope someone understands what I am talking about and if they have any answers. My husband ...








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Old August 25th, 2008, 08:43 AM   #1
Mike
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Registered: Apr 2008
Posts: 1,497
Default can you have a breach of contract on mortgage???

I know this is going to be confusing, it is for me, but I hope someone understands what I am talking about and if they have any answers. My husband andamp; I bought a home in 2001 from a finance company. We were first time buyers and very naive. The agreement was signed in a rush, we could only sign it on a Saturday, so we were rushed through the process, no time to ask questions, which I should have been suspicious about to begin with. My husband worked out of town and came home one weekend a month. We took out credit life and credit disability insurance, or so we thought. My husband became seriously ill in 2006 and became disabled. Finance company calls, says no problem, house payment is covered. About six months into his illness, I was told that the disability insurance was only good for two years. I questioned that, and they told me that the insurance company had changed. It was a high stress time, as my hubby was in the hospital six months. After things became less stressful, I started questioning the manager and she would get really nasty with me. we were only paid a portion of our house payment. To get to the point, we were getting a disability payment from our equity line of credit. We were told we didn't take out credit disability andamp; credit life on our mortgage. After making several calls to several offices here is what I found out. Trust me I was given the run around big time. Took many hours and days to get an answer. I was informed that we had indeed taken the insurance out on our mortgage, but the information had not been andquot;uploadedandquot; into the computer. I also was told that we didn't take out disability insurance on our equity line of credit (so where did that check come from)?I was given quite a few other excuses in the meantime.When we took out the loan on our home, we were not told how the bill was computed, so I assumed the insurance was added into the bill, (I know I am not smart when it comes to home loans)!! I spoke with an agency about some of this, although we didn't have all the information available. They asked us about a settlement sheet, I in turn asked the finance company and they got really nasty with me. Said they would start foreclosure proceedings immediately and what day would I like to move out. We were 1/2 payment behind at that time. I never received a settlement sheet, and anytime I questioned the finance company about any of this I was intimidated with the threat of foreclosure. Also if you have a fixed mortgage rate, how is it that your payment can go up. They couldn't give me that answer either. And if you have read this far, THANXS !! you are great. Hope someone may have some type of advice or information. Wondering if anyone has run across this before.
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