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.
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.
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。