Mortgage Brokers - Did my Mortgage Broker mess up big time? - Canada

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RE: Did my Mortgage Broker mess up big time?

Postby Omid Jalili » Sat Aug 18, 2012 06:43:15 AM

This process is looking very tough and complicate. As you told that your realtor suggests you to finish paper work before getting a mortgage. So you should finish them first after that you can get a mortgage from the bank. If you don’t know that how to do the paperwork then you may take help of real estate agent.
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RE: Did my Mortgage Broker mess up big time?

Postby sylvina » Thu Feb 17, 2011 08:13:56 PM


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A Mortgage is a complex bundle of rights, encumbrances and transactions involving primarily a lease, lien and loan issued through a Temporary Testamentary Trust known as a Cestui Que (Vie) Trust under Estate Law.

Components of Mortgage

The first component to a Mortgage is a Lease formed through the creation of a Cestui Que (Vie) Trust whereby the higher Estate such as a State, Territory or Nation conveys Title to the financial institution as Landlord and the borrower as Tenant. Leases within a standard Mortgage are usually fixed in term, such as fifteen, twenty years and sometimes for even a longer term. Once the lease expires, the Cestui Que (Vie) Trust dissolves and title returns to the higher Estate. Under modern Estate Law, A borrower of a mortgage is always a tenant, never an owner.

The second component to a Mortgage is a consensual Commercial Lien issued under Estate Law whereby a lien placed upon a Real Estate Deed and Title under Estate Law whereby a lender is granted certain Rights to seize Title over the Real Estate Property of the borrower, usually only after Foreclosure is granted.

As all Mortgages now are Commercial Liens issued under the Estate Law of Securitized Estates, it is now the banks and financial institutions that are legally considered the Executors and Administrators with the borrowers always considered tenants, whether the loan is fully paid or not.

The third component to a Mortgage is the loan which has two important elements, the principal representing the actual loan itself and the interest, lawfully representing rent of the tenant to the landlord.

Under Trust law and Estate Law the executives of financial institutions of Executors and Administrators under Estate Law are obliged to perform as duty bound officers of a Testamentary Trust and not materially alter any conditions of the Deed and Title which represents a formal Will. Deliberate fraud in altering a Deed and Will constitutes a most grave injury to the whole of Estate Law of the Roman System and if uncontested and unrepaired is tantamount to the open consent by the most senior Executors and Administrators of the highest Estates that the whole system is now null and void.

The Promissory Note and Application Form signed by a lender as part of a Mortgage is material to the Deed and Will of the Estate. Therefore, by Estate Law, any fraud or deception in materially altering the terms of the Testamentary Trust immediately disqualifies the executive from acting as Executor or Administrator with the financial institution assuming full liability.

Any inferior Roman court that openly permits the unrepaired and open fraud of Trust Law, Estate Law and the law of Wills by refusing to repudiate any financial institution that monetizes or multiplies the sale of a loan without consent or remedy to the borrower openly consents that the whole system of Roman Trust Law, Estate Law and Wills no longer applies and is null and void.

By definition, any Property taxes charged by the higher estate to the tenant are the direct responsibility of the landlord. Where a court seeks to foreclose on a property against the tenant and not the financial institution, constitutes a gross fraud and if unrepaired is an open consent that Roman Trust Law, Estate Law and Contract Law no longer applies and is null and void.

The sale of a "home" or "property" merely represents an assignment and then novation of lease with most mortgages permitting such conveyance providing the landlord of the higher estate can claim some form of compensation from the sale through taxes.

Providing a financial institution has not committed fraud against the Deed and Will of the Estate under which a Mortgage is applied against Real Estate, the institution must first seek a granting of Foreclosure before seizing the property. This is because the lender is their tenant under a fixed-term lease.

A Mortgage is a complex bundle of rights, encumbrances and transactions involving primarily a lease, lien and loan issued through a Temporary Testamentary Trust known as a Cestui Que (Vie) Trust under Estate Law.

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RE: Did my Mortgage Broker mess up big time?

Postby Serenifly604 » Thu Jan 13, 2011 05:27:16 PM

Ok I'm a bit pissed ... I just got back from the lawyers and signed all the papers ... I get my keys tomorrow :! Exciting right?

Well the paperwork that the lawyers had had 3.69 % interest on it (Same that my bank gave me) When I first talked to the mortgage broker she offered me less 3.49 % ...

What can I do ? I had to sign ... felt like I had to anyways ...

I'm upset. My whole first time homebuying experience has been bunk because of this chick ...

She told me cash to close was 15,998.7$

Ended up being 29,784.32$

She hasn't returned calls or emails in two weeks.

She was so late submitting all my paperwork, even though she said I could remove subject of financing, it was actually ok to remove 2 weeks after subject removal

trying not to be upset, but I really am ...
Trying to get it right!
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RE: Did my Mortgage Broker mess up big time?

Postby Serenifly604 » Mon Jan 10, 2011 08:30:51 AM

I'm more than sure it was the brokers missunderstanding not mine, I'm a first time homebuyer I don't know anything about this, but the loan app she got me to fill out for the lender included the HST AFTER the rebate :( She is still MIA and I can't get a hold of her at all, 4 days until closing now :(

Trying to get it right!
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RE: Did my Mortgage Broker mess up big time?

Postby footloose » Sun Jan 09, 2011 09:00:08 PM

The lawyer is absolutely correct. There is no such thing as instant HST rebate. Either you misunderstood how the HST works or your Mortgage Broker misinformed you or didn't discuss this with you. Anytime that you request a refund or rebate from the government, you must show proof that the required funds were expended BEFORE the government releases any funds. And you should know by now that no government releases funds with 24 - 48 hours of the request.
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RE: Did my Mortgage Broker mess up big time?

Postby SavannahK » Sat Jan 08, 2011 09:22:48 PM

I had something like that happen to me before regarding closing costs. The broker informed me on a grossly underestimated amount on closing costs and told me not to worry. He disappeared for a period of time and I was left hanging. I had to scramble days before closing.

Good luck.
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Did my Mortgage Broker mess up big time?

Postby Serenifly604 » Fri Jan 07, 2011 03:15:37 PM

Ok ... try to keep this as short as possible

Found my Dream Condo in November, Bidding war went on for a while until Mid December. I had a pre approved mortgage from my bank with 3.49% 5 year. My realtor said to shop around cuz sometimes Brokers can beat bank %'s ...

Found this lady and she gave me 3.29% so I decided to go with her.

The condo is new, so HST is involved, I'm a first time home buyer so I get a rebate. When we were filling out the loan applications the broker told me that for first time home buyers the Rebate is instant so we wrote up the paperwork I signed and off we go.

It's 7 days before closing right now, and I get a call from my Lawyer on Wednesday asking 'Whos paying the HST?' Im like what.... trying to tell her the rebate is instant and the lawyer says it isn't! and I have to come up with another 17K by Closing (7 days from now) and then i APPLY for the rebate and the government pays me back

So I've been trying to call her, and email her for two days, cannot get a hold of her at all, and apparently she has Laryngitus ... (sorry for the bad spelling and grammar)

I'm really freaking out right now ... do you think this is recoverable?
Trying to get it right!
Serenifly604
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Joined: Tue Nov 09, 2010 04:19:27 PM
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