Client is the victim of a fraudulent mortgage that is wrongly encumbering her home. Client was the sole owner of her home, and her husband was the sole owner of another property. They live together in client’s home. They wanted to take out a loan to fix up the husband’s property and sell it, and took out an open-end mortgage and drew $175,000 on it. However, the lender who orchestrated the closing had them add each other’s names to their respective properties, and then recited in the mortgage that it was encumbering both properties – when the intent of client and her husband was only to encumber the husband’s property and not to add each other’s names to their respective properties. The mortgage also includes a Confession of Judgment provision, but the Philadelphia Court’s mortgage foreclosure diversion program will trump that provision. Client needs assistance with filing a quiet title action to restore her sole ownership of her home and remove the mortgage as a lien against her home.
Skills Developed: Courtroom Experience, Legal Drafting