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Can your mortgage company release a lien of your property voluntarily

Posted on: 28th Dec, 2010 07:25 am
i have difficulty with my mortgage for quite some time, due to being caregiver for my father and taking care of him and his business affairs ruin me financially, i file bankruptcy, now discharged, i still had problems with my mortgage payments

i called the mortgage company to give the house back, they in turn tell me, that they are releasing the lien to my home, and consider it as a christmas gift, this mortgage company has been sued for fraud misdeeds, i was told they are releasing over 1,000 liens on properties,

can they do this, and if this is true is the home mine free and clear as the representative told me

they are sending the release of lein to my county recorder, i was told to call them and make sure they have recorded it as being released get a copy of the release and i will own my propert to do with what i want to do with it.

HAVE YOU EVER HEARD OF THIS SORT OF THING HAPPENING
i do not have such experience and nver heard about this.....
anyone have any idea.....
Posted on: 28th Dec, 2010 08:35 am
If what they say is true, you ought to be able to verify it with the banking commission within your state. Of course, filing a release of the lien on the home will take away the mortgage that they hold, but it doesn't necessarily vacate the loan that underlies the mortgage.

What I mean by that is that they may not have a lien to enforce their debt, but they still have a note that's been signed promising payments to be made. They ought to be able to enforce that.

You need to do a bit more homework before you just take this "gift" for granted. As I noted, the banking commission ought to have some knowledge; and at the very least, they can direct you to the right agency.
Posted on: 28th Dec, 2010 08:46 am
Hello, thanks for the quick response, i just talked with the register of deeds in my county , and Yes, they have received the release of mortgage is what she called it. they have recorded it in, as of last tuesday 12-21-10

I will look into this in more detail.

any other information would be greatly appreciated

Thanks
She
Posted on: 28th Dec, 2010 09:10 am
This lender must be some kind of outfit to get in such deep trouble.
Posted on: 28th Dec, 2010 09:22 am
its a well known mortgage company who has been in deep poop for awhile with everyone, shady loans, sub-prime mess, buying and selling loans like candy and didnt have any idea where the original loan papers were/ are on alot of home mortgages, just a big mess
employees signing off on property foreclosures and none one was reading to see if anything was correct, just a maraton of signings.......

with no accountability , i guess they decided to cut their losses are they would have hundreds of thousands of property they couldnt get rid og

i guess
Posted on: 28th Dec, 2010 09:55 am
Well, we have heard of the robo-signings of documents. I'm afraid it goes on all the time in business - not just with mortgage documents. I have come across cases of notaries acknowledging signatures that couldn't possibly have taken place in their presence. If I can see that in little old Connecticut, just think what the large states represent in terms of fake notarization, etc.
Posted on: 29th Dec, 2010 11:32 am
The rep from my mortgage company called yesterday evening, and asked had the register of deeds recorded my release of mortgage document? since i had called her to ask her when they would do that.

i told her yes, I AGAIN ASKED HER, OK, WHAT DOES THIS REALLY MEAN? I ASKED HER , OK if you guys are the only mortgage company i had, and you all held the mortgage, and there are no other liens on the property
,does this mean that the property is mine to do what i want, ie, sell the property. SHE STATED YES, IF THERE ARE NO OTHER LIENS IT IS YOURS TO DO WITH AS YOU SEE FIT, AS YOU CHOOSE TO. IT IS YOURS.............................

I ASKED HER AGAIN, OK I WANT TO BE SURE OF THIS. SHE SAID MAAM, YES THE PROPERTY IS YOURS WE HAVE NO MORE RIGHTS TO IT, WE HAVE RELEASED THE MORTGAGE


WHAT DO YOU THINK OFTHAT FORUM, I AM GIDDY AND PERPLEXED AT THE SAME TIME



AND A LITTLE HESITANT AS well, i will keep looking into this, until im satisfied that all is good


LIKE I SAID, ANYONE WHO KNOWS ANYTHING ABOUT THIS SORT OF THING HAPPENING LET ME KNOW AND SHARE THE STORY
Posted on: 30th Dec, 2010 07:29 am
Giddy, perplexed and hesitant all at the same time...I feel your confusion and befuddlement, She. I'm also a bit surprised that we haven't seen more posts such as yours; if this lender is doing this as a routine part of their current business, then thousands of borrowers have had to be affected. Where are they?

It seems odd that their representative would call you again, doesn't it? Usually, you'll not hear from a lender unless there's an issue - such as a missed payment or some such.

Based on what's transpired, I'd have to think that you'll remain in the home for as long as you can; after all, the only apparent obligation you'll have is to maintain insurance on the home (for your own benefit, of course) and to pay the real estate taxes. Oddly enough (it seems), if you needed cash, you could apparently go borrow and use the home as collateral. That last bit simply strikes me as way too unusual.

You are sitting in a good position at this juncture, I guess. Just sit tight, see what kind of phone calls you might get in the future, and if they don't come looking for any money, then I guess you'll know it's all really true.

"Fairy tales may come true, it can happen to you, if you're young at heart..." as the old song says....didn't Jimmy Durante sing that?
Posted on: 30th Dec, 2010 08:17 am
she, returned my call, i had called her to ask when they were sending out the letter /form, while i was waiting on the recorded release of mortgage

it was by accident that i learned about it, i was calling them to discuss my situation and thats when she told me... that they were releasing the mortgage and they had no more interest in it. it would be mine to do with what i want.

the county is now mailing it the recorded document, showing that im the only one on the mortgage.

yes, this is a blessing and im not taking it for granted, now i am pondering whether to move back into my house get a small loan to fix whats wrong in it, and just pay the insurance and taxes..

i would have to pay the apartment complex some money for breaking the lease............


thanks for this forum ,
you guys are great, i will keep you updated for awhile
Posted on: 03rd Jan, 2011 12:59 pm
OH, I FORGOT TO ALSO SAY, that i asked her were they gonna send me paper work stating this. SHE SAID , she didnt know. I said well, ok , if i hadnt called you all werent gonna send me anything. i would have just been worrying about what i was gonna do

and you all would have sent release to the county and i wouldnt have know anything, she said well, probably, i told her, so how are the other home owners gonna know that their mortgages have been released. she said well they wont unless they call and inquire.

I said to myself ,what the heck............


so actually, there are alot of home owners out there with the mortgage compay and their houses have been releasedd of their mortgage. and they dont even know..........

they have been released as of probably december 31st
Posted on: 03rd Jan, 2011 01:11 pm
Hello, Forum

Well, I have received my copy of the Release of mortgage. If I hadnt read it for myself, with docment in hand I wouldnt believe it either...
Posted on: 11th Jan, 2011 08:26 am
I just check county clerk-recorder office and it seems that my parents got something simular in March 2007, but they continue to pay their morgage.
How can we check, may be they got released too. the notes says: their last name - GRANTEE-- RELEASE MORTGAGE.
Posted on: 18th Jan, 2011 03:11 pm
Hi natali,

Your parents should show the required documents to an attorney and check out his opinion in this regard. The attorney will go through the documents and let them know whether or not they have received a lien release certificate.

Thanks
Posted on: 18th Jan, 2011 10:19 pm
this is part of the certificate of release

does hereby cancel and discharge said mortage

It was sent from the Mortgage release department
It had a docket number as well.

Natali , If your parents only had one mortgage company only for the home, they may own the home free and clear if there are no other leins attached to the home.... That it was the rep at the mortgage company told me... as they were the only mortgage company i had... I can do what i want with the property. as my name is the only one recorded on the deed at the registra of deeds office..

Good luck to your parents as well..
Posted on: 19th Jan, 2011 06:37 am
We did not receive anything from our mortgage company, I just checked it online. What should be our first step?
Should we go to county recorder office and request a copy of morgage release, but what I am looking for? Should we receive a deed or something else? Or should I request research on title and see if we have any leins?
I never heard that lender can release mortgage, may it is kind of mistake?
Thank you
Posted on: 19th Jan, 2011 10:17 am
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