Bank will not satisfy mortgage, preventing me from resale

Bank will not satisfy mortgage, preventing me from resale

Gibsonia, PA · Member since 2016 · 104 posts · 31 votes

Hello BP! I was hoping to get some help/advice. I purchased a SFH at the end of July. Closed on 7/27. My original plan was to rehab and flip the property, but as I approached my close date, it was apparent to me that I could just close and turnaround and quickly sell for a profit. So that is what I decided. Using my network, I actually received an offer on the property on 7/27 (the same day I closed on the property). The original owner (who I bought from) had a mortgage on the property. They used the funds from selling to pay off their mortgage. The mortgage company / bank is Midland Mortgage. Midland has sent the original owner a paid in full letter. However, Midland refuses to satisfy the mortgage with county until it has been 3-4 months. This means I could be stuck holding the property for another 2-3 months, when we were in a position to close on the resales by the end of August.

My seller wants a free and clear title.  We (my attorney who did the first closing) offered a letter of indemnification to the new buyer, but he refused.  I have been advised that legally I could force the buyer to close, with the letter of indem.  Obviously, I don't want to pursue legal action, but I'd really like to close and move on.  

Any thoughts, advice, or ideas?

Thanks!

Chris

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Jay HinrichsBusiness Member
Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
8y

this happens all the time.. the closing attorney who closed your deal without a recorded satisfaction or reconveyance deed what ever Is appropriate there is the one on the hot seat..  did he give you a title commitment with that exception ?

if he is paying it off he should have removed that from title.. as he ( your attorney who closed it paid it off)  Look at your title policy and see if that deed still appears.. in most states banks have 30 days or so to record the satisfaction.. you don't just get a letter from the lender.. there is a recorded document so its know to the whole world.. 

your buyer though is being picky.. unless he is also flipping it or his lender requires it before they will fund.  Keep in mind this is very normal.. at least half of real estate sold is paying off a mortgage of some sort..

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  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    8y

    I doubt you could force the buyer without the mtg being released, in spite of any indemnification offered 

    I’d be talking to state/fed lending regulatory agencies about Midland’s refusal to record a satisfaction in a timely manner. 

    @Ron S. ??

  • Jay HinrichsBusiness Member
    Real Estate Consultant · Summerlin, NV · Member since 2014 · 45k+ posts · 66k+ votes
    8y

    this happens all the time.. the closing attorney who closed your deal without a recorded satisfaction or reconveyance deed what ever Is appropriate there is the one on the hot seat..  did he give you a title commitment with that exception ?

    if he is paying it off he should have removed that from title.. as he ( your attorney who closed it paid it off)  Look at your title policy and see if that deed still appears.. in most states banks have 30 days or so to record the satisfaction.. you don't just get a letter from the lender.. there is a recorded document so its know to the whole world.. 

    your buyer though is being picky.. unless he is also flipping it or his lender requires it before they will fund.  Keep in mind this is very normal.. at least half of real estate sold is paying off a mortgage of some sort..

  • Tom GimerBusiness Member
    DMV · Member since 2017 · 3k+ posts · 3k+ votes
    8y

    Let me guess... your buyer is not purchasing owners title insurance. That's the only way this story makes sense.

    In a normal transaction, the closer will get a copy of the payoff statement, the settlement statement, and the cleared payoff check or wire and then remove this item from the title commitment. Or, they might simply state that the exception for the unreleased mortgage will not appear in the final title policy.

    However, none of this matters if your buyer is not purchasing title insurance. 

    I'm sure you know now the easiest way to do this was to close back to back with the same title company and you would have avoided all of this.

    PA law does require written notice to the lender to trigger a release... then some time before you can sue them. It also allows the settlement agent to eventually record a release. I've had to do such things only when there was a private lender involved and bad blood between the parties.

    Gimer Law516 Reviews
  • Wholesaler, Rehabber and Landlord · San Antonio, TX · Member since 2014 · 2k+ posts · 2k+ votes
    8y

    As it was mentioned, it is the attorney who closed you who is the problem. 

    Every time that I close with a title company, they have payoff information and a release of lien sent out and ready to go. Even if the paperwork is not back yet from the bank, the new lender is satisfied that the loan is paid off. I try to close with the same title company, but even if it is a different one they know it is going to happen. Maybe they trust title companies more than attorneys.

    You would think that the new lender would be satisfied that there is a closing and wiring information was sent to the old lender showing that the loan is getting paid off.

    It sounds like you just need to wait out the time. I think next time you will not close with an attorney to save a few bucks. The title company provides the insurance for the lender as well as the buyer that they have done everything and they guarantee title. For 1% of the price of the property(in Texas) everyone knows that they are getting good title. There is no guarantee with an attorney.

  • Gibsonia, PA · Member since 2016 · 104 posts · 31 votes
    7y

    I just wanted to say 'thanks' to everyone for the responses.  Big thanks to @Wayne Brooks, @Jay Hinrichs and @Tom Gimer.  Literally about 1-2 days after I posted this, Midland Mortgage satisfied the mortgage and I have since closed on the resale!

    Thanks for to everyone for their input!

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