Question: Is it common for  an individual to buy your mortgage, and is it strange that the same person buys your 2nd? These loans were meant to be short-term, high interest only payments, hardmoney, with a balloon payment at 5 years with ridged terms secured  by our attorney to "get us through the selling of our property", but actually and exclusively controlled by him to pay himself his exhorbanent leagal fee's without our understanding while appointing himself sucsessor trustee in the living trust and will without prior discussion.

Answer: You're running into a ton of issues here...\n\nFirst of all, the attorney is going to have to be able to docuement ALL of the fees incured for providing you services. He is in no way obliged to any fees for providing the "loan" for you unless he is also a licensed loan broker. The fees for securing the loan are not to exceed 5.99% of the total loan amount. These fees are stated as Non-recurring closing costs and are all the fees listed on the HUD-1 closing statement minus the title insurance fee and any state incurred fees. Basically the top 8 lines on the HUD-1 plus the escrow fee.\n\nIt is VERY common for loans to be sold. In this case the attorney realizes he is not a lending institution and with good intelligence has reverted the loan (Probobly sold it at a premium, illegally since he's probobly not a licensed mortgage broker) and made yet another profit.\n\nThere is also an issue in him appointing himself as the trustee to the note. As stated in RESPA a trustee to a secured note is to be a "Mutual third party with no interest in the loan transaction". \n\nI imagine the entity that bought the loans is a "loan to own" type entity and hoping that you will defualt on your mortgage. So, if I was you I would be very wary of missing any payements whatsoever to your mortgage. If you have to make a choice between paying your mortgage or car notes, pay the mortgage.\n\nA real-estate attorney will gladly look over the transaction and ensure that everything was done not only legally but ethically as well without charging you an upfront fee. If he finds there is misconduct, he will take on the case without any upfront fees if he is worth his weight.\n\nGood luck, and next time you need some cash shoot me an Email. I've been doing private money loans for a few years now both ethically and legally.
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