B of A HELOC

B of A HELOC

Wholesaler · Atwater, CA · Member since 2013 · 161 posts · 27 votes

Hello all,

Say I have a house (inherited). I conduct a title search to find a possible lien from B of A for a HELOC. The HELOC hasn't been paid since 2011. It's now 2016 (as you know). I transfer title into my name, the HELOC is under deceased owner's name. I phone B of A...the HELOC dept says the mortgage dept has taken the account. The mortgage dept says the HELOC dept is handling the account...the death dept says they see no amount due.

I went back to the recorder's office and see the HELOC but no reconveyance. Nobody at B of A can give me any information because they say the account isn't in my name even though the house is! What will happen? As of yet, no NODs or NOTS notices. What happens when a debt is due and the one that took upon the debt has passed and it doesn't get paid. I would like to work with B of A but they say they can't give any info because I'm not the account holder.

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Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
10y
Originally posted by @Arcinio Arauz:

What happens when a debt is due and the one that took upon the debt has passed and it doesn't get paid.   

Are you sure there is a debt due? Just because there was/is a HELOC doesn't mean there was a balance on it. It could just have been an open HELOC for which BofA would have recorded a DOT, but that doesn't necessarily mean there was a balance on the account.

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  • Wholesaler · Atwater, CA · Member since 2013 · 161 posts · 27 votes
    10y

    forgot to mention K. Marie P. for assistance 

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    10y

    Pay a title company to do a proper title search and get them to issue title insurance through a reputable company. They won't issue the insurance if there's any doubt in their mind as to your ownership of the property, and if they find anything it will be listed as an encumbrance. 

    Skyline Properties
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  • Wholesaler · Atwater, CA · Member since 2013 · 161 posts · 27 votes
    10y
    Originally posted by @JD Martin:

    Pay a title company to do a proper title search and get them to issue title insurance through a reputable company. They won't issue the insurance if there's any doubt in their mind as to your ownership of the property, and if they find anything it will be listed as an encumbrance. 

     Tell me a little more about the insurance...sorry for the rookie question, but what will that do?

  • Real Estate Professional · West Palm Beach, FL · Member since 2012 · 23k+ posts · 13k+ votes
    10y

    Is this hypothetical, or did you do this?  Please ask a straight question.  If you did this, I'm guessing maybe whoever signed the deed probably didn't even have the right to sign it.  Was it a spouse, estate probated?  In any case, yes B of A simply needs to file foreclosure when they're ready.  You taking title doesn't affect B of A.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    10y

    Title insurance guarantees to make you whole should an issue come up later that was a material part of the deed when you bought/obtained the property. I suspect every state has its own set of rules; out here, it can only make you whole - i.e. you bought a property for $50k that was supposed to be clear of any liens, get a search & insurance, and then later find an existing contractor's lien for $10k, they will be responsible for paying that fee, not reimbursing you for a $100k sale that went south when it was discovered, or something similar. Any existing encumbrances on that property should be discovered by a title search company.

    Caveat: don't think this absolves you from the possibility of BOA finding out they should have recorded a lien on that property and going to court to do so. In that case, I can't see you being reimbursed for anything since you inherited the property, and would have inherited a properly filed lien as well.

    You probably need to discuss all of this with a good tax, inheritance and real estate attorney. I get the feeling that you are hoping to flip/sell this house without BOA attaching that lien, hoping that it doesn't exist, but in all likelihood it is on there already and you have just missed it. Mistakes do get made but banks have armies of workers to properly file liens, and it is more common that someone in the tax office just didn't file or record it properly. 

    Skyline Properties
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  • Wholesaler · Atwater, CA · Member since 2013 · 161 posts · 27 votes
    10y

    I plan to keep the property but can't get anywhere with B of A on how to resolve the lien which looks like it exist. Is it common that such situations take so long? 2011 no payment and still nothing going on?

  • Rental Property Investor · Northern, CA · Member since 2012 · 5k+ posts · 5k+ votes
    10y
    Originally posted by @Arcinio Arauz:

    What happens when a debt is due and the one that took upon the debt has passed and it doesn't get paid.   

    Are you sure there is a debt due? Just because there was/is a HELOC doesn't mean there was a balance on it. It could just have been an open HELOC for which BofA would have recorded a DOT, but that doesn't necessarily mean there was a balance on the account.

  • JD MartinBusiness Member
    Moderator
    Rock Star Extraordinaire · Northeast, TN · Member since 2015 · 10k+ posts · 17k+ votes
    10y

    If you plan on keeping the property, do the title search and get title insurance if you really want to know. If it doesn't show up now, and you get a proper search and insurance, and you find out later someone just screwed up and it was always there, the insurer would have to make you whole - though, again, I can't see how you wouldn't already be whole since you paid nothing for the house. If this house is worth substantial money, you should go speak to a knowledgeable attorney. 

    Skyline Properties
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  • Wholesaler · Atwater, CA · Member since 2013 · 161 posts · 27 votes
    10y
    Originally posted by @Kyle J.:
    Originally posted by @Arcinio Arauz:

    What happens when a debt is due and the one that took upon the debt has passed and it doesn't get paid.   

    Are you sure there is a debt due? Just because there was/is a HELOC doesn't mean there was a balance on it. It could just have been an open HELOC for which BofA would have recorded a DOT, but that doesn't necessarily mean there was a balance on the account.

     From the conversations with B of A as I gathered info...there's a balance.  Thanks for being so kind to help brain storm. 

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    10y

    @Arcinio Arauz You are now a close relative of the deceased (just stay with me). 

    Get the original debtor's SSN and a "signed" authorization to release information.

    Provide to lender. Ask for outstanding balance.

    If that doesn't work, try an escrow company to get a demand.

    Now, understand you may be waking up the tiger as this may trigger one dept to take an action adverse to your best interests.

    Alternatively, work it backwards to eliminate the lien thru legal channels.

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    10y
    Originally posted by @Rick H.:

    @Arcinio Arauz You are now a close relative of the deceased (just stay with me). 

    Get the original debtor's SSN and a "signed" authorization to release information.

    Provide to lender. Ask for outstanding balance.

    If that doesn't work, try an escrow company to get a demand.

    Now, understand you may be waking up the tiger as this may trigger one dept to take an action adverse to your best interests.

    Alternatively, work it backwards to eliminate the lien thru legal channels.


    @Rick, I'm surprised to read this coming from you.

    Why would you recommend he lie? stating they are a close relative of the deceased would be a blatant lie. And, why would you recommend he also commit fraud and forgery with the signed authorization? Putting the words in quotations doesn't make the act less illegal. I would think your alternative would be the proper way to do this rather than the shortcut criminal act you suggested.

  • Lender · Greater LA/Orange County area, CA · Member since 2012 · 3k+ posts · 3k+ votes
    10y

    Sorry. I must have had too much coffee. 

    What I meant to say was that he should hire an attorney and pay $350/hr + and let them do the job. Probably only cost you a grand to get the info, if you're lucky.

    How could I have made such an error?

  • Paradise, CA · Member since 2015 · 1k+ posts · 871 votes
    10y
    Originally posted by @Rick H.:

    Sorry. I must have had too much coffee. 

    What I meant to say was that he should hire an attorney and pay $350/hr + and let them do the job. Probably only cost you a grand to get the info, if you're lucky.

    How could I have made such an error?

    I thought that was what you meant...

    :)

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