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After close date can they void my mortgage?

we were just asked on (3/30/16) by our original lending company for our 2015 tax returns because the company purchasing the loan requested it. We made one payment (Feb. 2016) to the original lender, then 2 payments ( March 2016, April 20106 pending) to the new lending company who has purchased the loan. The request for the documents was after the first month payment to the new company. The lender also said that if we failed to get them in they could void our loan. Is there a way that they can void the loan or change the contracts due to our actions on not getting info in. Also is this info able to be questioned by us as to the nature of use of it. What are the rules and restrictions for this. I don't want to make our loan mess up or somehow have rates increase unknowingly but i wonder the reason for our tax returns filed the year after the close date of the loan. And if the new company was requesting it, why wait to do so, wouldn't all requested documents be done and in before the loan was purchased by the new company and payments made by us to the new company. i truly want to make sure that the info i am being asked for is being used for the reasons said and not any other reason. Unfortunately the original lender is not being entirely open for the reasons just that they need them ASAP to avoid the loan being voided. the home was Built in the state of NV. Elko Co. The home close date was Dec. 31, 2015. The lender was Greater Nevada Mortgage of ELKO, the first payment was on Feb. 1,2016 and then the loan was purchased by The Money Exchange company and we paid Mar. 1, 2016 and submitted the Apr. 1, 2016 Pending withdrawal. Any advice on this is appreciated. Thanks in advance by bud_5252@hotmail.com from Price, Utah. Mar 30th 2016 Reply


Dana Anghel (dana@utloanofficer.com)
#88 ranked lender in Utah - 50 contributions

You should check your closing documents. I know there is one paper that you signed where you agree to provide them with additional or missing documents if they request it. Check the period of time that you are responsible to do that. It might be a quality control thing, or they might have found fraud indicators. If you bought the property as primary residence but filed your 2015 taxes showing a different primary address, you could be in trouble. Your interest rate or term can't just be changed, but if fraud is found and proven, the loan could come due. Check your closing documents

Mar 30th 2016
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Brett Pehrson (brettpehrson)
#19 ranked lender in Utah - 226 contributions

The actual terms of your loan, and your requirements, would be listed in your Note and Deed of Trust documents. I'm not familiar with Nevada's specific state laws, which may have some additional clauses for compliance requirements on your part. Additionally, any comment I make here should not be perceived as legal advice. That said, what you are describing does sound unusual, if you had a standard Conventional or Government Insured mortgage. Have you verified with your originating mortgage lender that your loan servicing was actually transferred to the new lender? Any requests for tax returns should be done prior to closing of the loan, and if you actually closed in 2015, the request for 2015 tax returns would be highly unlikely. Occasionally, there are quality control audits that are completed, but you should have executed a 4506T Authorization at closing that would allow the lender to obtain tax transcripts for these purposes. The lender should also tell you the nature and purpose for an unusual request like this. If you find yourself needing additional assistance, the lender should be regulated by either the state Division of Real Estate or Division of Financial Services. Once again, I'm not totally familiar with Nevada's specific state laws and regulatory authorities. There is also a federal regulatory body that is associated with all mortgage loans, the Consumer Financial Protection Bureau. Here is a link to their website. http://www.consumerfinance.gov/ If you can't get it resolved with the lender first, then you can obtain assistance from here. Good luck to you!

Mar 30th 2016
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William J Acres (William_Acres)
#2 ranked lender in Arizona - 7,917 contributions

One of the disclosures you signed when you originated your mortgage is called the Compliance Agreement: This Document signed by you, is stating that you will help the lender AFTER closing to correct errors or omissions in the documents at the lenders request. This also means that you will provide any missing documentation, or additional documentation they deem necessary. This is meant to only apply to clerical errors so that the loan will meet requirements from Fannie Mae or FHA, etc. Since most all loans are sold on the open market, if the lender has missed something when your file was underwritten, they can ask you to provide that missing documentation to satisfy the underwriting requirements and allow them the ability to sell the loan. Based on your non-compliance of this agreement, the lender could take legal action against you...and it would be up to a court of law to decide if you willfully withheld providing requested documentation.. and if the court finds in the lenders favor, then you would be responsible for any damages the lender suffered as a result of your non compliance... That's the summary of the worst that can happen.. In reality, your lender probably dropped the ball and missed something very crucial, or they allowed an exception where the agency purchasing your loan would not have allowed.. so to clear up or strengthen the file, they have come to you asking for additional paperwork,,, ie, your 2015 tax returns. Understand that short of out right loan fraud, your loan cannot be undone.. and if the lender feels that you did commit loan fraud, charges would have to be filed against you and you would have the ability to defend yourself in a court of law.. The easiest thing to do is to provide them with the tax returns.. otherwise, the lender could file a civil suite against you.. they might also try their luck in calling your note due and payable, in which case, if you didn't pay them off, they would foreclose, and you would have to hire an attorney to try to fight it... It's more likely the lender will call the note due then foreclose.. this way, it's up to you to start the legal action vs. them.. But like I said.. if you provide the tax returns, it's the simplest solution.. I'm a Broker here in Scottsdale AZ and I only lend in Arizona. If you or someone you know is looking for financing options, feel free to contact me or pass along my information. William J. Acres, Lender411's number ONE lender in Arizona. 480-287-5714 WilliamAcres.com NMLS# 226347

Mar 30th 2016
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Lorne Harvey (lorneharvey)
#81 ranked lender in Washington - 418 contributions

It sounds to me like your file was audited, and the investor is requesting additional information. If they are not satisfied, they could make the originating lender buy the loan back. This is not good for the originating lender, as they would have to carry the loan on their own wearhouse line of credit. I would recommend cooperating with the request. I do not believe they can "void" your loan or call your loan due in full unless there was mortgage fraud, but I do not believe that is the case. Something seems odd though, they should not be asking for your 2015 Returns, as they are not even due to the IRS yet. Something does not seem right to me.

Mar 30th 2016
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