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Can my lender refi my loan with out my signature or knowledge

My mortgage company refi my house without my approval or knowledge and never told me. They did not sell the note they Refied it from one FHA loan to a new one. They never filed the abstract with the state or county. This is after they tried to force us to refi it because the were pocketing our MIP money. What to do? by sfnokc_640_825 from Oklahoma City, Oklahoma. Aug 26th 2012 Reply


William J Acres (William_Acres)
#74 ranked lender in Arizona - 8,728 contributions

I think you're confused.. there is no way in the world your lender could refinance your home without your consent, signature, and application, tax returns, pay stubs, w2's... etc.. if they are trying to convince you that you need to refinance, then that's one thing, but they cannot actually do it without you willing... 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. 480-287-5714 WilliamAcres.com

Aug 26th 2012
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Bert Carpenter (BertCarpenter)
#37 ranked lender in Arizona - 2,431 contributions

NO. They cannot, and probably have not. If they claim they have refinanced your home, ask them for a copy of the Note and deed of trust (or mortgage). Once you have this in hand, if you find that it is not the original Note and Deed of Trust (or mortgage) that you did sign, you will need to enlist the help of a real estate attorney to determine who committed the fraud. You will also want to make sure you are not confused as to what they actually did, and what they may be trying to encourage you to do. Many times the servicer of a loan will try to encourage the borrower to refinance. Just because they are trying, doesn't mean it is in your best interest. ~ Bert Carpenter, The LoansA2z team of NOVA Home Loans ~ NMLS 40586 ~ www.LoansA2z.com ~ 888-889-9950

Aug 26th 2012
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Linda Wintersteen (Linda123)
#63 ranked lender in Arizona - 1,256 contributions

your mortgage company cannot refi without your knowledge, are you married? two borrowers?? did you do a loan modifaction ??? a fha streamline?? if your old loan officer and not your mortgage company, did anything without your knowledge, then you have recourse...

Aug 26th 2012
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Derick Condron (rightstartoregon)
#30 ranked lender in Oregon - 598 contributions

I dont think you were refinanced. You would have to sign an orginal note to be recorded against the property.

Aug 26th 2012
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Not mistaken. We called the FHA and they said we Refied it on 1-10-2012 and we did not. We refied in 2010 . The county clerk has no record but the FHA said we did and the loan number has changed.We have tried to find out from our lender but they keep stonewalling us. When we ask for a copy of our records they send us a fast sheet of our monthly payments and that's all they send.

Aug 27th 2012
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Travis Torcoletti (travis.torcoletti)
#0 ranked lender in South Carolina - 372 contributions

Get a real estate attorney asap and figure out what is going on because 1. no one can refinance your loan but you, the borrower and 2. if this were done, there would be a completely new set of loan docs, disclosures, TIL etc., with signatures on them.

Aug 27th 2012
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Joe Metzler (JoeMetzler)
#17 ranked lender in Minnesota - 4,848 contributions

A refinance is paying off and closing out your existing loan and giving you a brand new loan. It is completely impossible for a lender do do this without your knowledge, permission, and many signatures. Something else is going on... call and talk to someone there until you completely understand whatever is happening.

Aug 27th 2012
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Matt Elston (Matt.Elston)
#4 ranked lender in South Carolina - 50 contributions

Not without having someone fraudelty forging your name to the closing docs. Contact the real estate attorney that "closed your loan". And ask to see a copy of the signed docs, see if it's your signature.Matt Elston; Mortgage Loan Originator, AgSouth Mortgages; melston@agsouthfc.com;office 803-324-1131, option 1

Aug 27th 2012
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