找不到lender出payoff letter 帖子---续

b
betterpoint
楼主 (文学峸)
感谢大家的建议。我给律师发了如下信件。律师的回复标记成红色了。律师说房子买时的mortgage没有问题。有问题的mortgage是2003年的 Home Equity Line of Credit $15,000. seller 说2008年付清了,但bank没有file satisfaction。现在又找不到lender了。大家再帮忙看看。非常感谢! I have the following questions. 1. Have you did a credit check on seller? If you did, whether the seller has the mortgages showing on their credit check? What is the balance? 

We do not do a credit check.

2. When the mortgage was paid off, the bank should go to the county to do a county record release and send a Deed of reconveyance to the seller. Are you able to locate this deed of reconveyance either from the seller or from the county? 

In SC there is no deed of reconveyance. Once a mortgage is paid off, a satisfaction should be filed by the lender in the county in which the property is located, which is the same county where the original mortgage was also filed.

3. You mentioned that the seller paid off the mortgage 15 years ago, which means that they paid off in 2008. The seller bought the house in Oct. 1999, the seller only used about 8 years to payoff the loan? Do you have any records showing that they paid off in 2008? 

There is one only mortgage that is the concern here, which is the open mortgage for the home equity line of credit. When the Home equity line was paid off in 2008 the lender failed to file a satisfaction. Unfortunately, that lender is no longer in business which is why we are having some difficulty tracking down which ever company took over that account so that they can file a satisfaction.

4. You also mentioned the 25 year’s expiration thing, can you explain a little more about it in detail? What is the name of it? When the date starts? Starts on the day when the seller paid off the mortgage or other time? 

Per SC statute the mortgage will expire in 25 years.

5. Can the title company close the mortgage and make the title clear before closing? 

We (the title company) cannot close out the mortgage.  We are actively working on getting in contact with the company who took over the account to obtain a satisfaction

6. You also mentioned there is a lien on the property in 2003 ? But the seller paid that off as well. Can you elaborate on that since I was driving and did not hear very clear yesterday? 

The lien on the on the property from 2003 is the mortgage.

7. If your company or the title company bankrupts, who will going to pay if lender comes to ask to pay off the mortgage? 

Again, our title insurance will provide affirmative coverage over this, so if should something arise from this mortgage you all will be covered. This is how it reads on your policy:

    A mortgage from xxx and xxxx(这里是卖家两个人的名字)to American General Financial Services, Inc. dated October 9, 2003 in the original principal amount of $15,000.00 and recorded on October 16, 2003 in Book xxxx, Page xxx in the official records of xxxx County Recording Office. The Company insures against loss or damage by reason of the enforcement or attempted enforcement of the lien.

柠檬椰子汁
一万五的贷款,还有title insurance保险,risk真是可以忽略不计了。
G
Girlsmom92
I agree with 柠檬汁。只是1万五的equity line, 真的没什么。我以前以为是整个的mortgage.
b
betterpoint
谢谢柠檬!请问若seller真的没有还清的话,2003年的mortgage,20年了,加上利息会很多吗?
守月
这下合情理了。房贷这债主不会没人当,破产也有人接手。HOELC倒是有可能破产找不到债主了。产权公司不怕你也不必太怕。

若10年内突发事件非卖不可,应该只会麻烦一点(下一买家如同你的担忧一样),相信也有产权公司愿意保,也就同样能卖。

b
betterpoint
我也一直以为是最开始买房的贷款有问题呢。原来是从房子的equity拿出了1.5万。我还想为啥seller付清的这么快呢。
b
betterpoint
谢谢!若真的找不到lender出这个letter。title不是clean的情况下,我们可以要求seller降房价吗?
守月
可以,谈不谈得拢是另一回事。卖主想尽快出手有可能给一些让价。要中介去谈,因为卖家有可能会生气。
b
betterpoint
好,我们本来就是从第三方手中买的。所以接触不到seller。