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Updated over 9 years ago on . Most recent reply

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Eric F.
  • Real Estate Investor
  • Raleigh, NC
297
Votes |
427
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Advice on removing old liens from defunt companies

Eric F.
  • Real Estate Investor
  • Raleigh, NC
Posted

I have a house under contract to purchase. The title search showed 2 old liens from companies which have been acquired by other companies. The seller thinks she does not owe anyone anything.

The first is from 1998 and is with WMC Mortgage Corporation. They were a subprime lender bought by GE in 2004 and later shut down.  

The second is with Associates Home Equity Services. It is from 1999. They were bought by Citi in 2000. The Company did not have a good reputation in North Carolina. 

In 2008 the seller had an attorney send a request to Citi for information on her loan and they did not have anything. This happened when her mother died. The loan was in her name and her mother's name.

The seller thinks both of these liens should not be on the title. She has not made any payments on them or received anything about them at least since 2008, if ever. No one has foreclosed or done anything about it.

What should we do to get the liens removed?

Most Popular Reply

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Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
3,997
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Jerry W.
Pro Member
  • Investor
  • Thermopolis, WY
ModeratorReplied

The first thing you need is proof of payoff.  If it is a 30 year mortgage and 30 years have not passed you need payoff proof.  If it was a 5 year note and 10 years have passed then a quiet title or even a lawsuit for damages due to having a clouded title.  Many states have a statute that provides for damages if you payoff a loan and it is not released you send a certified letter and if not paid off within a certain time you can claim damages.  just some thoughts.  It seems your attorney is making some headway.

  • Jerry W.
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