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Real estate case law needed , please help!?

I will try to make this as brief and clear as possible. In August of 2005, my wife and I went to a mobile home dealer and looked at a mobile home. I will refer to it as mobile home A. The cost of the home was $69K. We filled out a credit application and signed a contract to buy mobile home A. The sales contract specified we were buying mobile home A for $69K. We got approved for a loan in the amount of $84K. I put a down payment on mobile home A, BUT on the reciept it did not show what the reciept was for, it just stated "for down payment". The mortgage company said we had to borrow the whole $84K or be switched into another home [or so we were told by the salesguy]. I told them I did not want to take on an $84K mortgage and wanted my money back. The dealership said we could have mobile home B [a smaller version of A] for $49K and it would only require us to borrow $10K for land. [did i mention we were first time homebuyers?} SO, the sales guy told me he had re-submitted a credit app with mobile home B on it [without my signature] and got us approved for that house and we needed to go find a $10K piece of land. Again no contract to buy home B, nor my signature on anything to do with B. SO, I went and found an acre of land for $10K to be rolled into the mortgage for a total of $59K. THEN on December 2nd of 2005, the supposed owner of the dealership came to the landsite and told us he had spoken with the city and the mortgage company and due to the size of the home [24x48] the bank would not finance it and the city wouldn't allow a "small" doublewide due to zoning [which was bull]. The "owner" of the dealership said we had to switch into a larger home. The owner of the delaer said he had just gotten in a 2006 Fleetwood 28x60 that the bank would finance and the city would go for AND he would let us have it for $49K even though it listed for $55K. Fleetwood will be referred to as home C. SO, we were in a corner,for reasons that will take too long we took the house. AGAIN we [my wife and I] NEVER signed a new credit ap,nor was one submitted, nor did we sign a sales contract on home C [the one they delivered]. At closing, I noticed that the mortgage was made out on HOME A's price, and had HOME B's VIN , so told them I wouldn't sign until my lawyer came to help us. The closing agent said she had called the bank and the bank told her to "white-out" HOME B's VIN and put in HOME C. On several pages, the mortgage is made partially on HOME A,B and a partial VIN on HOME C. The closer said if we didn't sign it, we would lose our downpayment, our credit would be ruined and the bank would immidiately call in the loan and they denied us having our attorney present and the dealer picked the closing place and picked the home insurance [which he was the agent]. BIG PROBLEM- in 3 years this house has NEVER had a title issued [per state records], NEVER had a lien on it [per state records and the bank is wanting to take possession of the house [foreclose] b\c [as i have told them repeatedly] they don't know where to appy payments as there are 3 homes on the mortgage.I talked the bank into a short sale - PROBLEM title insurance could NOT be written b\c of the scew up-s on the mortgage. I had to give the VIN to our home to the bank, and the buyer [who backed out] and they foreclosed on the correct house BUT- the state says there has never been a lien on this house. I even took the VIN to my bank, and they say it shows up with no liens. I hired an attorney. The land desciption is correct. The bank said in court they were going to give us the house [C] if we moved it BUT that they "foreclosed" on the RIGHT home, so they aren't going to do anything now. My lawyer has gotten a continuance, but is stumped. If there never was a proper lien,nor title, nor sales contract and the mortgage was OBVIOUSLY tampered with [changed] at closing- does the foreclosure over rule the fact that the bank NEVER had a proper lien ? EVEN they admitted it. OR does the foreclosure over ride it , even though the house coulldn't be [and can't b\c of the screw ups on the mortgage] sold? It all boils down to we got approved for home A, the mortgage states we own home B [in places] with home A's price, and it partially has Home C's vin, but NEVER was a lien, nor title put on home C. Anyone with case law or statutes? Please help. Also, Fleetwood voided the warranty on the house 3months after we took delivery b\c they showed the house was still in inventory, AND the house was manufactured 2months AFTER the date on the reciept for the downpayment. The dealer went out of business the first time we tried to sue, also. Plese don't send in derrogatory comments. This shouldn't happen to anyone. Thank you. I did take everything to the state attorney general's office-- he said he knew the owner personally and he "would never have commited such a crime" <--Atty Gen.'s words in writing. Just need to know if the mortgage is valid without a proper lien on the home and b\c the mortgage was altered. Thanks

Public Comments

1. On it sites are good top links for decisions of your problem http://infofinance.notlong.com/2AAlPbU
2. take all this information to your state attorney general and file a complaint against all parties. hopefully somebody goes to jail.
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