if the remodel was done with permits and if the county tax record showed the square footage about the same as it actually is and the Listing agents flyer and the sellers disclosure showed a similar square footage as is reported on the tax records - then I'd say ,;'.
what is wrong> ?
Keep looking through your old sale documents and loan documents, maybe you'll find some other loophole. It sounds like you are desparate. You have a LOT of company.

Talk to your lender immediately about your loan and what the options are.

Definately check with a real estate attorney, however it is likely that you will not have recourse. It is extremely unfortunate that you have found yourself in this position, but we can't give back all of our bad decisions. Lord knows, I wish we could. Good luck, Cynthia

Hmm...I can't give you legal advice, but unfortunately I doubt you will have much recourse. You can call a local real estate attorney.

While the seller is obligated to disclose, it is also generally the buyer's responsibility to investigate and verify all conditions relating to the property, including square footage, permitted and unpermitted remodeling, etc. If you have found yourself in a situation where you are having trouble making your mortgage payments, you do have other options. Contact your lender immediately and find out what they are. You can also try doing a short sale if you are under true financial hardship.

Unless the seller from whom you bought the house altered the structure or had previous knowledge, that seller is not required to disclose the remodel to you. Trying to prove previous knowledge is difficult and expensive, not to mention you would likely have to show damages. When you purchased this home, it was appraised. It appraised at value or the lender would not have made the loan. If you are questioning your legal rights, you should contact a real estate lawyer because real estate agents cannot give you legal advice. If you cannot afford to make your payments, call your lender and try to arrange a modification of your promissory note. If all else fails and you cannot work out a new payment schedule with your lender and you go into default, you might want to consider a short sale. However, be aware that short sales are more the norm than the exception in your area, and inventory is high. Here is more information on short sales: http://homebuying.about.com/od/4closureshortsales/a/shortsal…

Home owners make renovations/changes to homes all the time. If they divided the living room to put in an additional bedroom (a legal bedroom) and you saw the house before you bought it, I doubt there is anything you can do. (I am a real estate agent, not an attorney. Seek legal advice to be sure.)

What exactly do you consider to be false pretences? Did you pay a price consistent with 4 bedrooms or 3? The extra bedroom added value to the sale, just like it will when you sell it again. Did you see the house before you bought it? Besides, you have been living in the house for 3 years!

Contact your mortgage company, and/or refinance if you can. Do it asap!

Dee,
You need to focus on the fact that your payments are too high. You need to be in constant communication with your lender. Find out what your options are. Is selling an option? Can you refinance? Whatever you do, try not to miss payments. If you are missing payments and not communicating with your lender it will hurt you more than help you.