Something is definitely wrong in this entire situation. I was a forclosure officer for
three years for a major bank which encompassed almost all states. Federal law states
that if mortgagor sets price above ---Payoff amount at the time (very minute of forclosure)
then any and ALL monies are to go to the buyer. Meaning if his Payoff with associated fees
was 170,000 and the bank states that they can get 350,000. The bank cannot keep the
profit money it must go to the mortgagee. The Only Way I would think around this issue
would be a clause in the mortgage instrument which states mortgagee is waiving this right
as part of federal protection of undue exploitation of financial situation. And I just cant see
that as being legal. That bank is in a lot of trouble. The state of Ohio will sweep it under the
rug. Mr. bulldozer needs to find an Attorney in another state whom can practice in Ohio,
or he will see jail time and the bank will be let off the hook.
I could be wrong also this law could have been changed since 06, but I'm really doubting it.
[mod: edit title spelling]
three years for a major bank which encompassed almost all states. Federal law states
that if mortgagor sets price above ---Payoff amount at the time (very minute of forclosure)
then any and ALL monies are to go to the buyer. Meaning if his Payoff with associated fees
was 170,000 and the bank states that they can get 350,000. The bank cannot keep the
profit money it must go to the mortgagee. The Only Way I would think around this issue
would be a clause in the mortgage instrument which states mortgagee is waiving this right
as part of federal protection of undue exploitation of financial situation. And I just cant see
that as being legal. That bank is in a lot of trouble. The state of Ohio will sweep it under the
rug. Mr. bulldozer needs to find an Attorney in another state whom can practice in Ohio,
or he will see jail time and the bank will be let off the hook.
I could be wrong also this law could have been changed since 06, but I'm really doubting it.
[mod: edit title spelling]