| Posted By |
Message |
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
I cant believe this is happening ...
quick backstory for those that dont know...
DH inherited his Parents house along with his brother..
we finally sold it.. and actually closing today! that is good news.. BUT..
we got a call from the lawyer saying they are holding a significant amount of money .. basically because they said my DH's parents still owed mortgage on the house..
now they bought that house back in the day.. it was all paid off in 2000!! if we still owed money WHY wouldnt they have sent us a bill all this time  
it doesnt add up and we are getting no proof that we still owe this money.. so we searched high and low for papers on this ..but when we cleaned out there house.. we threw alot away
so i dont know how we can fight this or who to possibly call to get some answers.
ETA..spelling
Message edited 12/5/2008 12:28:38 PM.
|
Posted 12/5/08 12:28 PM  |
| |
|
Long Island Weddings
Long Island's Largest Bridal Resource | Prudential Douglas Elliman Real Estate |
luckysmom
Yes it is! Going as planned:)
Member since 6/07 5339 total posts
Name:
|
Re: I cant believe this is happening ...
I'm sorry this is happening. Can't you call the bank that held the mtg. They should have a copy of the payoff letter no?
|
| Posted 12/5/08 12:43 PM |
| |
|
Jenn627
Laaaaaaaambert!
Member since 5/08 9818 total posts
Name:
Jenn
|
Re: I cant believe this is happening ...
Shouldn't that have come up on the title search? I don't know much about stuff like this but I am assuming this is what a title search does. You definitely should have known about it at closing... Call the title search company and start there I guess? Especially if it's your lawyer telling you there's still mortgage owed on it...
edit: Whoops! Thought the closing happened already.. Def call the bank/mortgage holder.
Message edited 12/5/2008 12:44:41 PM.
|
| Posted 12/5/08 12:43 PM |
| |
|
jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
|
Re: I cant believe this is happening ...
Something def. sounds fishy...if they paid if off in 2000 there should be a payoff letter first off and secondly how could a bank not be looking for their money. I think you should be getting on your attorney to figure this out..I would not let them just hold money. It could possibly be that the recorded mortgage is still showing open in the county clerk's office, but they should be able to clear that with proof of payoff. and that doesn't mean anyone owe's money..just that the bank never told the county the mortgage was paid and no longer a lien, but the title company should be looking into this..someone is slacking!
Message edited 12/5/2008 12:56:19 PM.
|
| Posted 12/5/08 12:55 PM |
| |
|
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
Re: I cant believe this is happening ...
Posted by jklein1323
Something def. sounds fishy...if they paid if off in 2000 there should be a payoff letter first off and secondly how could a bank not be looking for their money. I think you should be getting on your attorney to figure this out..I would not let them just hold money. It could possibly be that the recorded mortgage is still showing open in the county clerk's office, but they should be able to clear that with proof of payoff. and that doesn't mean anyone owe's money..just that the bank never told the county the mortgage was paid and no longer a lien, but the title company should be looking into this..someone is slacking!
yea exactly..
this is what is so frustrating.. we were left with all of this with unanswered questions..
the bank is not around anymore.. so HSBC bought them out .. we found that out on our own by researching..
so we call HSBC kept getting the run around..
we have to try and get more information from the lawyer..
|
| Posted 12/5/08 1:04 PM |
| |
|
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
Re: I cant believe this is happening ...
Posted by Jenn627
Shouldn't that have come up on the title search? I don't know much about stuff like this but I am assuming this is what a title search does. You definitely should have known about it at closing... Call the title search company and start there I guess? Especially if it's your lawyer telling you there's still mortgage owed on it...
edit: Whoops! Thought the closing happened already.. Def call the bank/mortgage holder.
yes.. we have to find out the title search that they used i am assuming and go from there..
i dont know much about this stuff either..
i figured if i post someone might know.. but at least this is some help!!
|
| Posted 12/5/08 1:05 PM |
| |
|
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
Re: I cant believe this is happening ...
Posted by luckysmom
I'm sorry this is happening. Can't you call the bank that held the mtg. They should have a copy of the payoff letter no?
the bank was bought out by HSBC so we are trying to get a hold of them.. but to get to a human to talk to is impossible!! 
i am assuming that they are the ones that have all this information from the other bank!
someone has to that is!!
we want to see some proof that we stil "owe" this money.. i am just so lost with it all
|
| Posted 12/5/08 1:06 PM |
| |
|
jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
|
Re: I cant believe this is happening ...
Posted by MetsGirl07
Posted by jklein1323
Something def. sounds fishy...if they paid if off in 2000 there should be a payoff letter first off and secondly how could a bank not be looking for their money. I think you should be getting on your attorney to figure this out..I would not let them just hold money. It could possibly be that the recorded mortgage is still showing open in the county clerk's office, but they should be able to clear that with proof of payoff. and that doesn't mean anyone owe's money..just that the bank never told the county the mortgage was paid and no longer a lien, but the title company should be looking into this..someone is slacking!
yea exactly..
this is what is so frustrating.. we were left with all of this with unanswered questions..
the bank is not around anymore.. so HSBC bought them out .. we found that out on our own by researching..
so we call HSBC kept getting the run around..
we have to try and get more information from the lawyer..
Have a credit report for your IL's pulled. If the mortgage is no longer on their credit report well then there's ur answer!
|
| Posted 12/5/08 1:11 PM |
| |
|
jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
|
Re: I cant believe this is happening ...
Also a full copy of the mortgage can be pulled and that will tell you when the Paid in full date was..it wont' solve your problem, but if that date has passed that should give everyone an inkling that something is WRONG
|
| Posted 12/5/08 1:12 PM |
| |
|
jellybean78
:)
Member since 8/06 13103 total posts
Name:
Mommy
|
Re: I cant believe this is happening ...
Posted by jklein1323
Posted by MetsGirl07
Posted by jklein1323
Something def. sounds fishy...if they paid if off in 2000 there should be a payoff letter first off and secondly how could a bank not be looking for their money. I think you should be getting on your attorney to figure this out..I would not let them just hold money. It could possibly be that the recorded mortgage is still showing open in the county clerk's office, but they should be able to clear that with proof of payoff. and that doesn't mean anyone owe's money..just that the bank never told the county the mortgage was paid and no longer a lien, but the title company should be looking into this..someone is slacking!
yea exactly..
this is what is so frustrating.. we were left with all of this with unanswered questions..
the bank is not around anymore.. so HSBC bought them out .. we found that out on our own by researching..
so we call HSBC kept getting the run around..
we have to try and get more information from the lawyer..
Have a credit report for your IL's pulled. If the mortgage is no longer on their credit report well then there's ur answer!
Or in the CR it should have the mortgage balance and pay off date.
|
| Posted 12/5/08 1:13 PM |
| |
|
Tulips915
................
Member since 8/08 6851 total posts
Name:
Me
|
Re: I cant believe this is happening ...
Call back whoever called you and TELL them you want proof that you owe $$!! How could they just tell you that you owe $ but not prove it.
Hope this works out!
|
| Posted 12/5/08 1:15 PM |
| |
|
jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
|
Re: I cant believe this is happening ...
Posted by jacquig
Posted by jklein1323
Posted by MetsGirl07
Posted by jklein1323
Something def. sounds fishy...if they paid if off in 2000 there should be a payoff letter first off and secondly how could a bank not be looking for their money. I think you should be getting on your attorney to figure this out..I would not let them just hold money. It could possibly be that the recorded mortgage is still showing open in the county clerk's office, but they should be able to clear that with proof of payoff. and that doesn't mean anyone owe's money..just that the bank never told the county the mortgage was paid and no longer a lien, but the title company should be looking into this..someone is slacking!
yea exactly..
this is what is so frustrating.. we were left with all of this with unanswered questions..
the bank is not around anymore.. so HSBC bought them out .. we found that out on our own by researching..
so we call HSBC kept getting the run around..
we have to try and get more information from the lawyer..
Have a credit report for your IL's pulled. If the mortgage is no longer on their credit report well then there's ur answer!
Or in the CR it should have the mortgage balance and pay off date.
Well yea thats essentially what I meant
|
| Posted 12/5/08 1:16 PM |
| |
|
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
Re: I cant believe this is happening ...
yea for those of you that mentioned the Credit Report..
we have thought about this too.. this all happened so late last night.. so we are going to look into this today!
plus with DH being at the closing today he will be talking to the lawyer i am assuming for more answers..
and yea.. i hate it that they just mentioned all this with no back up of proof!!
especially in this economy how can a bank not go after us all these years it just makes me angry
|
| Posted 12/5/08 1:26 PM |
| |
|
Deeluvsvinny
DONE
Member since 10/08 4952 total posts
Name:
Whatever
|
Re: I cant believe this is happening ...
Deanna...I have TONS of experience in this...worked for a real estate attorney for 8 years. The mortgage HAD to show up on the title report...and your attorney would have title a few weeks ago at least if your closing today. He should have been researching this already. He dropped the ball.
Now, the credit report may be proof that your inlaws didn't owe a mortgage company, but the issue is actually that there is a mortgage lien agains the house. You need to HARRASS HSBC about this...send them IN writing, your inlaws info...names & SS#s and if you have the mortgage loan #, they should be able to tell you if anything is on record. HSBC will also need to provide you with a DISCHARGE OF MORTGAGE or MORTGAGE SATISFACTION.
Did they just pay off the mortgage, or was it part of a closing? If part of a closing, the attorney would have paperwork on this..
FM me if you have any questions..i was always the go to girl in these situations!
|
| Posted 12/5/08 1:43 PM |
| |
|
kdanik
LIF Infant
Member since 7/07 148 total posts
Name:
|
Re: I cant believe this is happening ...
Something does not sound right. Your attorney should have known about this mortgage as soon as they got a copy of the title report and should have been trying to solve this problem since then. Is this money being held in escrow until the issue is resolved? I work for a real estate attorney and do this ALLL the time....but resolve it WAY before we get to closing and my clients know about this way in advance. This can be resolved!!! let me know if you need help. Your attorney should take care of this for you and not charge you for it. I cant believe this happened to you.
PS your attorney needs to find out who tookover HSBC's loans....contact the Lien Release Department and request a "Duplicate Satisfaction of Mortgage".
In the meantime....keep looking for paperwork....maybe there is a letter floating around from HSBC stating that the loan was paid off and with more loan information on it.
|
| Posted 12/5/08 3:08 PM |
| |
|
MetsGirl07
LIF O2 Vendor
Member since 12/07 16202 total posts
Name:
Deanna
|
Re: I cant believe this is happening ...
Posted by kdanik
Something does not sound right. Your attorney should have known about this mortgage as soon as they got a copy of the title report and should have been trying to solve this problem since then. Is this money being held in escrow until the issue is resolved? I work for a real estate attorney and do this ALLL the time....but resolve it WAY before we get to closing and my clients know about this way in advance. This can be resolved!!! let me know if you need help. Your attorney should take care of this for you and not charge you for it. I cant believe this happened to you.
PS your attorney needs to find out who tookover HSBC's loans....contact the Lien Release Department and request a "Duplicate Satisfaction of Mortgage".
In the meantime....keep looking for paperwork....maybe there is a letter floating around from HSBC stating that the loan was paid off and with more loan information on it.
thank you so much..
yea its being held right now.. until it gets resolved..
i thank you all for the help!! it truly does help us out!!
|
| Posted 12/5/08 3:32 PM |
| |
|
jklein1323
LIF Adolescent
Member since 11/06 847 total posts
Name:
J
|
Re: I cant believe this is happening ...
Posted by Deeluvsvinny
Deanna...I have TONS of experience in this...worked for a real estate attorney for 8 years. The mortgage HAD to show up on the title report...and your attorney would have title a few weeks ago at least if your closing today. He should have been researching this already. He dropped the ball.
Now, the credit report may be proof that your inlaws didn't owe a mortgage company, but the issue is actually that there is a mortgage lien agains the house. You need to HARRASS HSBC about this...send them IN writing, your inlaws info...names & SS#s and if you have the mortgage loan #, they should be able to tell you if anything is on record. HSBC will also need to provide you with a DISCHARGE OF MORTGAGE or MORTGAGE SATISFACTION.
Did they just pay off the mortgage, or was it part of a closing? If part of a closing, the attorney would have paperwork on this..
FM me if you have any questions..i was always the go to girl in these situations!
Thats what I said earlier
and you don't actually NEED the sat of mortgage..as long as the title co. clears the mortgage they should be fine
Message edited 12/5/2008 4:02:22 PM.
|
| Posted 12/5/08 4:00 PM |
| |
|
Erica
LIF Adult
Member since 5/05 11767 total posts
Name:
|
Re: I cant believe this is happening ...
is it possible that they took out a HEL or had a HELOC? from a completely different bank?
|
| Posted 12/5/08 6:52 PM |
| |
|
