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Old 08-21-2017, 10:36 AM
 
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I need advice on what to do. I have paid off my mortgage in 2012 and received a letter from them stating that it is paid off. They released the lien. Now in 2017 when selling the house the original mortgage company that transferred and transferred and transferred the mortgage still has a lien on the house. What options do I have?
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Old 08-29-2017, 05:41 AM
 
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They still have a mortgage recorded (and are trying to collect from you) or there is still a lien recorded on your home's deed?
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Old 09-02-2017, 04:41 PM
 
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What does your agent tell you to do? What does the title agent recommend? If they don't hold a mortgage on your home,, I am unclear as to how they could claim to have a lien.
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Old 09-06-2017, 07:57 AM
 
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Quote:
Originally Posted by MarianRavenwood View Post
What does your agent tell you to do? What does the title agent recommend? If they don't hold a mortgage on your home,, I am unclear as to how they could claim to have a lien.
What matters is what the title says. If the former mortgagor didn't have the lien removed from the title, that will have to be done first. The poster would sumbit to the court clerk the lien release he received in 2012, so that the title will then be clear of any liens.

He may, instead, have to petition for a quiet title action and submit the lien release as proof, at which point any mortgagor will be allowed to come forward and present proof of their claim to a real interest in the property. Or NOT, if they don't have it. If they do not come forward, the title will be cleared of liens.
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Old 09-06-2017, 09:09 AM
 
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Default Correct! Amd depressingly more common than it should be...

Quote:
Originally Posted by LieslMet View Post
What matters is what the title says. If the former mortgagor didn't have the lien removed from the title, that will have to be done first. The poster would sumbit to the court clerk the lien release he received in 2012, so that the title will then be clear of any liens.

He may, instead, have to petition for a quiet title action and submit the lien release as proof, at which point any mortgagor will be allowed to come forward and present proof of their claim to a real interest in the property. Or NOT, if they don't have it. If they do not come forward, the title will be cleared of liens.
Everything LieslMet said is accurate -- different states have slightly different procedures but the basics are the home owner has to manually have the lien release entered, OR use the courts to clear the title.

In "olden times" (prior to the melt down...) lenders routinely sent the lien release not just to the borrower / home owner but to the appropriate county office. The folks at the county might get a few dozen a week and they'd get everything filed in a month or so. The meltdown exponentially increased their work loads with some counties seeing HUNDREDS of title actions per day. The lenders were also merging and consolidating so rapidly that lots of filing fell through the cracks.

The lesson should be -- whenever a lender sends you anything related to the LIEN you should make an effort to get out to the county and double check that it has been recorded. Waiting until the house is being sold slows down things at the MOST CRITICAL part of the transfer...

BTW the various "title insurance" companies sometimes serve as "clearing houses" along with FDIC https://www.fdic.gov/bank/individual/failed/lien/ to track down the firms that have taken over responsibility for inactive loans and can be a good resource for anyone who has lost track of the physical contact addresses for lenders that have merged...
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