(WICHITA, Kan.)—
Debbie Weber says it’s consumed her life.“I was spending four and five days a week… hours working on this. My husband would come home and see me on the floor with papers and say Debbie you got to stop this,” says Weber.
The Webers, tight on money, decided to refinance their home.
Things went smoothly until two statements, from two different companies, for two different amounts arrived in the mail. She didn't know who to pay and risked losing her home.
“I wasn't going to take this lying down. This is our home they're messing with.”
Because she fought back, Debbie discovered something that surprised her even more. Neither company can even prove they own her loan.
“We want to get the word out this isn't just happening in Wichita. This is happening all over the U.S.”
Eric Bruce, the Weber’s attorney, says she’s right. It is happening more than you think.
“It shouldn't happen. The problem is you can't figure out who owns the mortgage because they really don't know,” says Bruce.
But Kansas law says they have to. That's why the Webers took their company, Bank of America, to court.
“What you do is say I’ve got to fight back and we need more people to understand they have the right to fight back,” says Bruce.
Bruce says he's representing other clients who have it even worse than the Webers.
“Since the first of the year I haven't seen a mortgage foreclosure filed by a national lender where the paper work shows that they own the loan.”
The ordeal for the Weber’s isn’t over. The case is still in litigation, but the court is making the company prove it owns the mortgage. In the Weber’s case, their previous company, Taylor. Bean & Whitaker went out of bankrupt.
To protect yourself, Bruce says read your mortgage agreement carefully and ask questions about how it will work if your loan is sold or transferred.
You also have the option of working with a local banker. You may not get the lowest interest rate possible, but your loan likely won't be sold. Some banks even promise not to sell your loan.
Document everything. Keep a notebook and write notes about every conversation you have with a mortgage company as soon as you think there's a problem.
