Posted on: 17th May, 2008 10:59 am
After a several month process our lender (Countrywide) agreed to a deed in lieu on our property in Arizona. The negotiator told us it was approved, and we received a warranty deed in the mail from a company called Trustee Corps. We signed and notarized the warranty deed, returned it as instructed and moved out of the house. Now (almost a month later) we receive a letter from our lender saying they canceled the deed in lieu. I called them and they are claiming they never got the paperwork back (and never bothered to check in with us about the status before canceling). This is very frustrating after all we went through to get this approved and following through on our end. I don't know what happened with their copies of the paperwork - I definitely mailed them - but I have a copy of the Warranty Deed saying we are released from all liability on the property and that the property is granted to them. Will this hold up legally? I do not want to go through the whole process again! We were so excited to move on with our life and now this happens. Any advice would be much appreciated.
A copy can be as valid as an original in court. Did you send the deed by Fedex or Cert mail? You should always when dealing with an adversary.
Send them a copy with a cover letter.
Send them a copy with a cover letter.
Thanks. We did send via FedEx envelopes that were included with the paperwork and pre-addressed by the company. Of course I didn't think to make a copy of the tracking number on those - wish I had now! I hope you are right that the copy will hold up legally. I am faxing in the copy and cover letter to Countrywide. They say it doesn't matter, but I will continue to fight. Very frustrating!
Hi tracy,
I have answered your query at http://www.mortgagefit.com/deedinlieu/warranty-official.html#51650
Please have a look at it and fell free to ask if you have any further questions.
Best of luck,
Larry
I have answered your query at http://www.mortgagefit.com/deedinlieu/warranty-official.html#51650
Please have a look at it and fell free to ask if you have any further questions.
Best of luck,
Larry
Can u cancell a general warranty deed?
Hi BenBell,
I don't think you will be able to cancel a general warranty deed. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this matter.
I don't think you will be able to cancel a general warranty deed. Nevertheless, it will be better if you could contact a real estate attorney and take his opinion in this matter.