My loan originated with National City Mortgage. After 1 year of living in my residence I was made aware by a neighbor there could be an issue with the placement of my home and after investigating I found out he was correct. I originally purchased 2 lots for my home to be placed on Lots 746 and 747 well i found out my was improperly surveyed and it was placed on 747 and 748. Lot 748 was owned by another individual who rarely comes down to inspect his porperty and hadn't found out yet.
Well I advised National City of the problem and for 3-6 months no one would help me resolve this issue. I finally got in touch with the owner of 748 and obviously he was upset and wanted a sizeable amount more for the property than fair value and gave a demand to purchase the property or vacate the home. I obtained legal counsel and directed my attention to the survey since NCM or the title company would take no responsibility. I forced the surveyor to buy the property for me and now I have clear title to 748. But when I told NCM about the problem they sold my home to aurora loan services.
Well due to my att. Fees obtaining 748 I have had a problem mainting my mortgage payments in a timely manner. I have spent the last year trying to get aurora to help me resolve this issue because they are servicing a loan to a home that is on property that they do not have a lien against. I have offered to sell lot 748 to them if they give me clear title to 746 I have asked about refinancing so we could get the legal description to the property correct and they wont refinance my home because it is manufactured (even though it was built as a "permanent" foundation.) I was told that they were going to get their attorneys to force the loan back to NCM and now I am recieving foreclosure notices from ALS.
I have consulted legal counsel and they have advised me that ALS cannot foreclose or sell the home while it is on my property 748 and they cannot file a lien or judgement against 748 since it is homesteaded. I have spent an enormous amount of time and stress trying to resolve this problem for over 2 yrs! And I feel completely helpless because I dont have the financial ability to adress this issue agressively with an attorney and most attorney's I have talked to don want to touch this with a ten foot pole without a serious financial committment up front. If they move the home it will cause severe structural damage to a home that already has structural issues (an Oakwood home and completely other issue) they will have to redo all plumbing lines and electrical lines and it would cost an enormous amount of $ to do that.
I hope I can force them to buy this property (748) so I can get away from these people once and for all. Any advice from anyone would be appreciated.
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