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Does Mortgage Error Mean I Avoid Foreclosure?

They have the address to my neighbor's house instead of mine on my loan. Does that mean they can't foreclose if I don't pay?


The answer might have to be determined in court. If the only error is the street address included on the mortgage or deed of trust, but the legal description of the property (sometimes called the metes and bounds), is accurate, the mortgagee may be able to foreclose without a lot of trouble.

If the only problem is the mailing address that the lender is using and all loan documents are correct, there shouldn't be any impediment to foreclosure, but if the mortgage or deed of trust includes a legal description of the wrong real property, the lender might have a very real problem, since you could not legally have given a mortgage on that property since you never owned it. However, it won't affect the fact that you owe the debt. Speak to a real estate attorney to find out where this error might lead, and whether you will be required to provide a corrected loan document.



Published on BankingQuestions.com 4/27/09