Posted on: 03rd Nov, 2010 09:41 pm
So what is going on here? We are looking at leasing with option to buy, a home and I did a search at the county on the property and seller's names. Shows original mortgage "reconveyed" ie: paid in full a year ago.
MERS shows an "active" mortgage in seller's names on that property thru GMAC.
Sellers claim they have a mortgage.
I even paid a title company to do a title report and they came back with PROPERTY HAS NO LIENS. I called to double check and she said "that;s right there are no liens against that property, they own it outright.
Can GMAC foreclose or not, if sellers stop paying their mortgage? ALSO where does this put the title of the house when we want to buy it? Can GMAC come back after we close and lien the property?
MERS shows an "active" mortgage in seller's names on that property thru GMAC.
Sellers claim they have a mortgage.
I even paid a title company to do a title report and they came back with PROPERTY HAS NO LIENS. I called to double check and she said "that;s right there are no liens against that property, they own it outright.
Can GMAC foreclose or not, if sellers stop paying their mortgage? ALSO where does this put the title of the house when we want to buy it? Can GMAC come back after we close and lien the property?
If there is no mortgage on the property, then GMAC won't be able to foreclose the property. You should inform the sellers about the report of the title company and ask them to clarify the matter with the lender. If the lender confirms that there is really a mortgage on the property, the lender can foreclose it if the sellers stop paying off the dues.