• Report: #283507

Complaint Review: Jim Walter Homes - Walter Mortgage Company

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  • Submitted: Wed, November 07, 2007
  • Updated: Wed, January 30, 2008

  • Reported By:Pendleton South Carolina
Jim Walter Homes - Walter Mortgage Company
Frontage Road Greenville, South Carolina U.S.A.

Jim Walter Homes - Walter Mortgage Company Built my house on property that will never be mine. It has never went thru probate Greenville South Carolina

*UPDATE EX-employee responds: In Touch and Work

*Consumer Suggestion: Out of Touch and Work

*UPDATE EX-employee responds: Jim Walter Homes is in a pickle too

*Consumer Suggestion: educated but not sophisticated

*Consumer Comment: JIM WALTERS TAKE ADVANTAGE OF ELDERS AND BROKE EVERY LAW IN REGARDS TO PRIVATE INFORMATION REGARDING THE BORROWERS ACCOUNT WE NEED HELP QUICK

*Author of original report: i am the consumer that filed the report

*Author of original report: i am the consumer that filed the report

*Author of original report: i am the consumer that filed the report

*Author of original report: i am the consumer that filed the report

*Consumer Suggestion: Confused and unknown

*Consumer Suggestion: Confused and unknown

*Consumer Suggestion: Confused and unknown

*Consumer Suggestion: Confused and unknown

*Consumer Comment: Sue

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Jim Walter homes assured us that we could afford the payment...they proceeded to sign a contract with us and told us that they would be doing all of the legal work, including title search and deed....first, it took them forever to finish.....the workmanship is poor....closed on our property without an attorney....i found out later that the title search was insufficient....the property was never probated...the property is not in our name...it is not our property....so we have a house sitting on property that is not ours. Plus we ended up with a 999.00 payemt per month.....they will not talk to us about the property issue....only they want their money...we are not making the payments right now.....they have been a nightmare....Please help...i will not stop looking until i find someone to help....my family is falling throught he cracks with this company. There are so many things that they have done. There is not ample room to tell all.

Sue
Pendleton, South Carolina
U.S.A.

This report was posted on Ripoff Report on 11/07/2007 12:21 PM and is a permanent record located here: http://www.ripoffreport.com/r/Jim-Walter-Homes-Walter-Mortgage-Company/Greenville-South-Carolina/Jim-Walter-Homes-Walter-Mortgage-Company-Built-my-house-on-property-that-will-never-be-m-283507. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
0Author 14Consumer 0Employee/Owner
Updates & Rebuttals

#1 UPDATE EX-employee responds

In Touch and Work

AUTHOR: Madspirit - (U.S.A.)

Sue,

I think you should listen to the advice and insight given by "Not". Assemble ALL of the documentation that you have regarding the transaction with JWH and take it to a good Real Estate Attorney in the jurisdiction where the transaction took place. Tell him honestly EVERYTHING you know that's pertinent and let him sort it out. It may cost a few hundred dollars but at least you will either rectify the situation or know what went wrong.

To every body else,

As "Not" says, don't listen to "Matttheman". He not only has a vested interest in deflecting blame from JWH but has done it in the most ignorant and mean spirited ways on every report. He doesn't even offer any actionable advice, just insults. Typical loyal JWH employee from my experience.
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#2 Consumer Suggestion

Out of Touch and Work

AUTHOR: Matttheman - (U.S.A.)

Ex-Employee,
I apologize that your time at JWHG did not last, but to take notes from an Ex-employee you must first consider why they have left. Now certainly there are times when the business must make decisions that protect the business, or else we all would be out of work. To address your response, it takes days, sometimes weeks to get a WMC loan approved, processed, and finally closed. You act as if these things breeze through the hands of those reviewing it. I often wonder why the process would take so long to get a loan approved, and I suppose it is because customers that bring property to the company that they know is not legitimate. I have heard for years that 'bad credit customers have bad credit for a reason'. Well, you never hear of things like this happening to people who was honest, reliable, and dedicated to doing the right thing from day one. I am certain, although I have no proof, that this particular case could had been avoided had this customer simply disclosed certain pieces of information from the begining. When you come into any business arrangment hoping that certain things will not happen, you should and will be responsible for the results when they do occur. I am so tired of wreckless citizens causing issues in the lending market. Once this house is foreclosed upon, then once again those who could benefit from lower rates will not. That is why I laugh when people complain about mortgage rates in todays economy. Personal responsibility is at an all time low. Thank God JWHG does not have variable rates, or they would be the spawn of satan for that also. Sue, you got yourself into a horrible situation. Please understand that your in this world, not a fantasy, when you get into legal trouble, you do not plea your case to those who you are in debt to. Get real legal help, this is not it.
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#3 UPDATE EX-employee responds

Jim Walter Homes is in a pickle too

AUTHOR: Not - (U.S.A.)

I am an x-employee and can possible provide you with a little insite to you title problems.

Your home built on property you will never own puts Jim Walter Homes in a bad position too. The rebuttal from Matttheman, he was able to provided you with alot of detail to finance with JWH, he is obviously a JWH employee. But, unless he has some inside information to some REAL Creative financing for your specific loan JWH has your land and home on one note.

JWH will not finance unless the home and land are on the same note and first lien holder. JWH does a court house check to insure the land is free and clear to build before they close on a loan. The court house check is processed by a title company, reviewed by branch manager, and reviewed again by credit legal department because they begin to build. Your sales counselor would have explained this process as part of the inhouse financing. They are suppose to be working in a capicity to protect you and themselves.

If you stop making payments and walked away JWH would have little recourse to secure their loan because they built a house on someone elses property. So unless, and this is important, unless the actually owner of the property or the administrator of the estate signed agreement allowing you to put the property up as collateral to secure the loan JWH is in a pickle too.

I do not know exactly what is going on with the property, however Matttheman comment in regards to being a court house clerical error is not relivant. The purpose of the court house check and legal department of JWH is to insure that the property is fee simple and free of any encumbrance. The land and house is on the same note or they cannot secure the debt. If they foreclosed on the loan, and the house was built on property you do not own, and/or they have not secured the land against the note the estate of the deceased just got a free house. JWH would have no rights to property.

It sounds like the ball was dropped in verifing you had a clear fee simple deed of title to the property your house was built on.

Get an attorney asap if the legal department at JWH are unwilling or unable to help you. It is to their best interest to correct the issues on title of land if it is possible. If not are you willing to pay a 30 year mortgage for a house on property you will never own. This sounds like a bad sitution for both parties.

As far a Matttheman rebuttal goes, again obviously a JWH employee. He showed not only his own ignorence but a representation of his own character. Ignore it.

As far as the problems you are encountering with the home. I'm sure signing tender papers so you could move into your new home, sounded great and seemed like a good idea at the time. But now JWH can start collecting mortgage payments, and the construction manager has lost any insentive to come back out and correct any construction problems you may have encountered. Stay after them, if your not getting any satisfaction from the branch that built your home, call the Tampa office and get the name and number of the Divisional Construction manager for your location.

I am afraid JWH hires and keeps to many losey employee's with poor ethics. Thats why I left the company, I found it exceeding more difficult to protect customers and tried of fighting to get-r-done.

I Wish you the best of luck.
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#4 Consumer Suggestion

educated but not sophisticated

AUTHOR: Matttheman - (U.S.A.)

No college graduate would enter into a contract, sign several (typically 4 inspections) during construction, and then sign to tender the house, all along thinking they were being ripped off! This is not 'buy a house off the lot and take it home today', this is a 4+ month procedure that gives you numerous chances to cancel, stop, or arbitrate the contract.

As far as the legal issues go, JWHG would never put a house on a piece of property that Legal had not ok'd. You are in desperate need of a good lawyer, but not to go against the company, you need to go against your county recorder. Any decent probate attorney would advise you that your builder had no say as to whether your property was properly recorded. Would you buy a car without seats? Of course not, so why make the largest investment of your life without making sure everything is correct? Even though you are not the professional, you still have a responsibility as a buyer to be informed! Ignorance is truly a polite way of describing your situation honestly.

Your situation is very unique, and actually sad, but again you will only make this situation much worse by refusing to pay your mortgage, the damage on your report will take over 7 years to fully restore. Lack of action is not a defense sue.
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#5 Consumer Comment

JIM WALTERS TAKE ADVANTAGE OF ELDERS AND BROKE EVERY LAW IN REGARDS TO PRIVATE INFORMATION REGARDING THE BORROWERS ACCOUNT WE NEED HELP QUICK

AUTHOR: Harris - (U.S.A.)

I am the son of the victim. My father bought my mother a Jim Walters home in the late age of my mothers 50's. Just shortly before the house was built my father passed away. When my mother and brother ( whom is not educated ) in regards to mortgage lending went to the closing they failed to expalin to my mother what would happen once she passed on. To be very honest I have no idea how the house closed in the first place. The house was built on the land for the children. My mother had no idea to what MI was, the only call we ever recieved from Jim Walters was in 2004 or 2005 and this was because my mother was alive, and they called her home threatening foreclosure, she had no idea what foreclosure was. However they so very kindly explained it to her by telling her she would be forced out of her home. At that time in 2004 or 2005 she was behind on her mortgage payment. My wife and I paid her mortgage current, however, we were not advised of the other issues pending to make sure we could help my mother out.

Now that my mother has passed away as soon as of May 2007. We have called Jim Walters to try and cure the problem, speaking to a Chuck Sloon, and Chris Little, who both were very vocal about not being able to speak to me without a letter, that they have had since 2004-2005, per Woodlock from Jim Walters Home.

However, I have found out as of today a member of the family who is ONLY a sister in law called me today that she called Chris Little, and Chris has advised her that the home is in foreclosure. So as I sit here and write this my mothers home which was built on my land is in the process of foreclosure, because Jim Walters would not speak to me, and RELEASED private information to a family member who is not on the mortgage, deed, nor has a letter been released from mother to speak to her before she passed. We need a lawyer quickly I reside in Phoenix Az. and cannot find someone to take the case because of where I live.
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#6 Author of original report

i am the consumer that filed the report

AUTHOR: Sue - (U.S.A.)

to the person that called me ignorant...i appreciate your opinion,,however i am a college grad with a legal degree, it is unfortunate that you were unable to ascertain between RIPOFF and ignorance on the part of the consumer...thank you for your opinionsue
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#7 Author of original report

i am the consumer that filed the report

AUTHOR: Sue - (U.S.A.)

to the person that called me ignorant...i appreciate your opinion,,however i am a college grad with a legal degree, it is unfortunate that you were unable to ascertain between RIPOFF and ignorance on the part of the consumer...thank you for your opinionsue
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#8 Author of original report

i am the consumer that filed the report

AUTHOR: Sue - (U.S.A.)

to the person that called me ignorant...i appreciate your opinion,,however i am a college grad with a legal degree, it is unfortunate that you were unable to ascertain between RIPOFF and ignorance on the part of the consumer...thank you for your opinionsue
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#9 Author of original report

i am the consumer that filed the report

AUTHOR: Sue - (U.S.A.)

to the person that called me ignorant...i appreciate your opinion,,however i am a college grad with a legal degree, it is unfortunate that you were unable to ascertain between RIPOFF and ignorance on the part of the consumer...thank you for your opinionsue
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#10 Consumer Suggestion

Confused and unknown

AUTHOR: Matttheman - (U.S.A.)

You obviously are in a horrible situation. JWHG does not package homes and land together that they provide in SC. Therefore you obviously found the land(maybe with assistance) and then went ahead and signed the contracts. Walter Mortgage will not allow you to finance more than 32% of your current total monthly income, therefore, under fair lending laws you can afford your payment. The title search is something done to protect the lending company, not the customer.

There is no legal way for JWHG to build you a house on property that was not in the name of the borrower. If that was to happen by some freak chance, you can not punish JWHG for a county recording error. By not paying for your house you are only adding to your problems. I personally know of hundreds of people who are incredibly satisfied with their homes, and I am very familiar with the lending process.

There is no way that Credit, underwriting, processing, an office administrator, CRD, and finally the legal department at a title company/attorneys office all missed this property mistake.

I wish you could understand how ignorant you sound by playing the victim. You bought a house, signed contracts, allowed the house to be built, and now are trying to get out of paying for the house. You should have never signed the tender papers if you were not 100% satisfied with the house, and there is not rebuttle to that. At the end of the day it was you who signed to accept the house "as is".
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#11 Consumer Suggestion

Confused and unknown

AUTHOR: Matttheman - (U.S.A.)

You obviously are in a horrible situation. JWHG does not package homes and land together that they provide in SC. Therefore you obviously found the land(maybe with assistance) and then went ahead and signed the contracts. Walter Mortgage will not allow you to finance more than 32% of your current total monthly income, therefore, under fair lending laws you can afford your payment. The title search is something done to protect the lending company, not the customer.

There is no legal way for JWHG to build you a house on property that was not in the name of the borrower. If that was to happen by some freak chance, you can not punish JWHG for a county recording error. By not paying for your house you are only adding to your problems. I personally know of hundreds of people who are incredibly satisfied with their homes, and I am very familiar with the lending process.

There is no way that Credit, underwriting, processing, an office administrator, CRD, and finally the legal department at a title company/attorneys office all missed this property mistake.

I wish you could understand how ignorant you sound by playing the victim. You bought a house, signed contracts, allowed the house to be built, and now are trying to get out of paying for the house. You should have never signed the tender papers if you were not 100% satisfied with the house, and there is not rebuttle to that. At the end of the day it was you who signed to accept the house "as is".
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#12 Consumer Suggestion

Confused and unknown

AUTHOR: Matttheman - (U.S.A.)

You obviously are in a horrible situation. JWHG does not package homes and land together that they provide in SC. Therefore you obviously found the land(maybe with assistance) and then went ahead and signed the contracts. Walter Mortgage will not allow you to finance more than 32% of your current total monthly income, therefore, under fair lending laws you can afford your payment. The title search is something done to protect the lending company, not the customer.

There is no legal way for JWHG to build you a house on property that was not in the name of the borrower. If that was to happen by some freak chance, you can not punish JWHG for a county recording error. By not paying for your house you are only adding to your problems. I personally know of hundreds of people who are incredibly satisfied with their homes, and I am very familiar with the lending process.

There is no way that Credit, underwriting, processing, an office administrator, CRD, and finally the legal department at a title company/attorneys office all missed this property mistake.

I wish you could understand how ignorant you sound by playing the victim. You bought a house, signed contracts, allowed the house to be built, and now are trying to get out of paying for the house. You should have never signed the tender papers if you were not 100% satisfied with the house, and there is not rebuttle to that. At the end of the day it was you who signed to accept the house "as is".
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#13 Consumer Suggestion

Confused and unknown

AUTHOR: Matttheman - (U.S.A.)

You obviously are in a horrible situation. JWHG does not package homes and land together that they provide in SC. Therefore you obviously found the land(maybe with assistance) and then went ahead and signed the contracts. Walter Mortgage will not allow you to finance more than 32% of your current total monthly income, therefore, under fair lending laws you can afford your payment. The title search is something done to protect the lending company, not the customer.

There is no legal way for JWHG to build you a house on property that was not in the name of the borrower. If that was to happen by some freak chance, you can not punish JWHG for a county recording error. By not paying for your house you are only adding to your problems. I personally know of hundreds of people who are incredibly satisfied with their homes, and I am very familiar with the lending process.

There is no way that Credit, underwriting, processing, an office administrator, CRD, and finally the legal department at a title company/attorneys office all missed this property mistake.

I wish you could understand how ignorant you sound by playing the victim. You bought a house, signed contracts, allowed the house to be built, and now are trying to get out of paying for the house. You should have never signed the tender papers if you were not 100% satisfied with the house, and there is not rebuttle to that. At the end of the day it was you who signed to accept the house "as is".
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#14 Consumer Comment

Sue

AUTHOR: Susan - (U.S.A.)

Your $999 a month payment goes to your mortgage company.

Unless the builder gave you a mortgage, he was already paid when the mortgage company took over your loan.

I cant imagine that a bank or mortgage company would give you a mortgage without a free and clear title on the land.

Who's name is the property in and are they paying the property taxes?

Make your mortgage payments and if you are not seriously confused, which I think you are, call a real estate attorney.
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