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Are you referring to Greenpoint Savings Bank from Brooklyn? Greenpoint was sold to North Fork Bank around 2004. North Fork was bought by Capital One around 2007.
I think Greenpoint was another lender altogether, not a physical bank.
IF any claimants come out of the woodwork, even AFTER final notice, the court will rule against you. So, you won't then get it cleared without paying that money back.
In my case.. I didn't have this happen. I'm guessing I just got lucky, but I had a very similar situation like OP and the loan servicer did come forward after it was discharged. To this day, I haven't made a single cent of a payment on the old lien.. and they haven't moved forward.
It's YMMV, and it's something OP should ask an experienced attorney in their state about. I don't know all the specifics, but it might just work out for them.
In my case.. I didn't have this happen. I'm guessing I just got lucky, but I had a very similar situation like OP and the loan servicer did come forward after it was discharged. To this day, I haven't made a single cent of a payment on the old lien.. and they haven't moved forward.
It's YMMV, and it's something OP should ask an experienced attorney in their state about. I don't know all the specifics, but it might just work out for them.
I'm not saying after being discharged, then they can't do anything. "Final notice" is BEFORE actual discharge by the court. I had a relative come forward after final notice had expired, and before discharge, and that was that for my deal. My lawyer said the court would never go against an owner of record if they came forward before discharge.
I did get all taxes paid back, PLUS 50% interest PLUS all lawyer and publishing costs, so I made out ok. I just didn't make out as well as I would have by gaining and then selling the 50 acres I was after on the tax deed.
This was back in the mid '90's. Michigan has since changed their tax deed procedure to foreclose and sell the property at auction right away.
Check the public records in the county where your property is located. See if there is an assignment.
I do remember Greenpoint Mortgage but I'm not sure who their loans were sold to.
This actually is a really good idea. Many loans in default will have a assignment recorded transferring the ownership from Mortgage Electronic Registration Systems (MERS) or the Original Lender to the new loan servicer.
The MERS website.. if you type in the "MIN" will also show the "current" loan servicer & investor details. That could yield some results on ownership. It does however.. sound like OP's loan was lost between servicers, if he hasn't been receiving statements or correspondence for years.
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As for Greenpoint.. I'd take a wild guess that America's Servicing Company (WellsFargo) or Countrywide (Bank of America now) probably has something to do with it.
I'm having the same issue! I paid off a Greenpoint Mortgage in 1995 and I cannot sell my house. Greenpoint never filed a satisfaction of mortgage. All I have is a letter where they discuss it was paid off.
My attorney and the title company are not helping at all. Do you have any suggestions or help I should be looking into?
I tried calling CapOne but they won't issue the lien release since the loan was paid off before Greenpoint even sold to North Fork.
Your attorney and the title agency are going to have to put pressure on them to prove otherwise. Sadly, there is very little else that you can do yourself. This is a situation where you have to rely on the professionals to do their job.
If the attorney and title agent do not or cannot resolve this, reach out to a local TV station. They love taking stories like you explained and embarrass companies like this to take corrective action where they were not so willing before. Perhaps your local Better Business Bureau might have suggestions. Best wishes.
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Check the public records
I am having the same issue!!!
