Asked by Helen, Lakewood, CO • Wed Jun 16, 2010
during this process to make sure the lenders sign a waiver saying they will not come after me for the balance, but this was not in writing. The 2nd mortgage lender slipped the wording into one of the letters, which neither myself or the real estate agent noticed till after the sale closed and the lender started coming after me. The agent said she was also lied to/misled because the original lender was BoA, who promised they would not be selling the note and in the week before they sold it to Green Tree Servicing, which is now coming after me for the balance. The property is in Denver, Colorado, and I was an owner occupying it at the time I got the loans. I of course do not have the $34,000 that Green Tree is demanding I pay. (They already got paid $15,000 at the closing). I want to be responsible, but this sounds like a total scam. What can I do? Do I have a legal basis for fighting Green Tree? Did the agent breach her fiduciary duty? What can I do?
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