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How Do We Get an Old Lien That We Paid Cleared Against Our Home? – Julie

“Dear Steve,

We recently applied to refinance hoping to get a lower rate. They thought they could save us about $600 to $700 a month on payments. We have 2 mortgages and about $75000 in credit card debt and my 15 year old car has been deemed illegal to drive, so I need to purchase a vehicle.

Our credit rating is over 700 but not as good as we thought so our rate isn’t going to be as low as we hoped. The good news is the appraisal on our home came back much better than we expected.

The lender/mortage company discovered we had another lein on our home from 2005 for $260000 that we did not know about. We do know it was from a refinance that we started in 2005 with Citicorp but recinded the deal due to the fine print of penalties of prepayment and other reasons.

The title company is not listed and we no longer have the paperwork since we thought it was finished. We have tried looking up the noraty’s name and his notary expired in 2007.

We and the lender are getting the run around from Citicorp. They say they can’t release a loan that never happened. It turns out the lein was filed the day before it should have been and the paper work the lender has shows that is the case. We are not the type of people to sue but the lender thinks we may have to threaten so this gets cleared up and we can get refinanced.

Who can we contact at Citicorp to get the lein taken off? How else can we find what title company filed this lein?

Julie”

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The Answer

Dear Julie,

The good news is that this should be possible. The bad news is that my advice is that you hire a local real estate attorney to deal with this for you. This matter can be cleared but it is going to require some real estate law knowhow and technical knowledge since Citicorp is pushing back. The lawyer will be able to cut through a bunch of red tape and get some attention for this issue. The cost of the attorney should well pay for itself with the time you’ll save in getting this resolved.

Please post your responses and follow-up messages to me on this in the comments section below.

Big Hug!

How Do We Get an Old Lien That We Paid Cleared Against Our Home?   Julie
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About Steve Rhode

Steve Rhode
Steve Rhode is the Get Out of Debt Guy and has been helping good people with bad debt problems since 1994. You can learn more about Steve, here.

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