找不到lender出payoff letter 帖子---續

感謝大家的建議。我給律師發了如下信件。律師的回複標記成紅色了。律師說房子買時的mortgage沒有問題。有問題的mortgage是2003年的 Home Equity Line of Credit $15,000. seller 說2008年付清了，但bank沒有file satisfaction。現在又找不到lender了。大家再幫忙看看。非常感謝！

I have the following questions.

1. Have you did a credit check on seller? If you did, whether the seller has the mortgages showing on their credit check? What is the balance? 

We do not do a credit check.

2. When the mortgage was paid off, the bank should go to the county to do a county record release and send a Deed of reconveyance to the seller. Are you able to locate this deed of reconveyance either from the seller or from the county? 

In SC there is no deed of reconveyance. Once a mortgage is paid off, a satisfaction should be filed by the lender in the county in which the property is located, which is the same county where the original mortgage was also filed.

3. You mentioned that the seller paid off the mortgage 15 years ago, which means that they paid off in 2008. The seller bought the house in Oct. 1999, the seller only used about 8 years to payoff the loan? Do you have any records showing that they paid off in 2008? 

There is one only mortgage that is the concern here, which is the open mortgage for the home equity line of credit. When the Home equity line was paid off in 2008 the lender failed to file a satisfaction. Unfortunately, that lender is no longer in business which is why we are having some difficulty tracking down which ever company took over that account so that they can file a satisfaction.

4. You also mentioned the 25 year’s expiration thing, can you explain a little more about it in detail? What is the name of it? When the date starts? Starts on the day when the seller paid off the mortgage or other time? 

Per SC statute the mortgage will expire in 25 years.

5. Can the title company close the mortgage and make the title clear before closing? 

We (the title company) cannot close out the mortgage.  We are actively working on getting in contact with the company who took over the account to obtain a satisfaction

6. You also mentioned there is a lien on the property in 2003 ? But the seller paid that off as well. Can you elaborate on that since I was driving and did not hear very clear yesterday? 

The lien on the on the property from 2003 is the mortgage.

7. If your company or the title company bankrupts, who will going to pay if lender comes to ask to pay off the mortgage? 

Again, our title insurance will provide affirmative coverage over this, so if should something arise from this mortgage you all will be covered. This is how it reads on your policy:

    A mortgage from xxx and xxxx（這裏是賣家兩個人的名字）to American General Financial Services, Inc. dated October 9, 2003 in the original principal amount of $15,000.00 and recorded on October 16, 2003 in Book xxxx, Page xxx in the official records of xxxx County Recording Office. The Company insures against loss or damage by reason of the enforcement or attempted enforcement of the lien.

所有跟帖： 

• 一萬五的貸款，還有title insurance保險，risk真是可以忽略不計了。 -檸檬椰子汁- ♂ (0 bytes) () 11/10/2023 postreply 10:21:36

• 謝謝檸檬！請問若seller真的沒有還清的話，2003年的mortgage，20年了，加上利息會很多嗎？ -betterpoint- ♂ (0 bytes) () 11/10/2023 postreply 10:55:50

• I agree with 檸檬汁。隻是1萬五的equity line, 真的沒什麽。我以前以為是整個的mortgage. -Girlsmom92- ♀ (0 bytes) () 11/10/2023 postreply 10:29:18

• 我也一直以為是最開始買房的貸款有問題呢。原來是從房子的equity拿出了1.5萬。我還想為啥seller付清的這麽快呢。 -betterpoint- ♂ (0 bytes) () 11/10/2023 postreply 10:57:33

• 這下合情理了。房貸這債主不會沒人當，破產也有人接手。HOELC倒是有可能破產找不到債主了。產權公司不怕你也不必太怕。 -守月- ♀ (173 bytes) () 11/10/2023 postreply 10:55:53

• 謝謝！若真的找不到lender出這個letter。title不是clean的情況下，我們可以要求seller降房價嗎？ -betterpoint- ♂ (0 bytes) () 11/10/2023 postreply 11:01:00

• 可以，談不談得攏是另一回事。賣主想盡快出手有可能給一些讓價。要中介去談，因為賣家有可能會生氣。 -守月- ♀ (0 bytes) () 11/10/2023 postreply 11:10:30

• 好，我們本來就是從第三方手中買的。所以接觸不到seller。 -betterpoint- ♂ (0 bytes) () 11/10/2023 postreply 11:51:37