2nd mortgage revisited

[joedaddy_4]

What is the name of your state?california

just wondering if a second mortgage company removes its lien from my house even though it has not been paid off and then i refinanced without paying the second because they did not have a lien on it anymore,Is that contract with the 2nd mortgage voided? what if i sell the house and collect the equity on it without paying the 2nd off since they have no lien am i still liable?

 

[jseamless]

Why would they remove a lien which is not satisfied? If you don’t have a lien there it does not need to be satisfied. At closing the title search would find the lien if it was attached to your home.

 

[seniorjudge]

A mortgage is evidence of real estate collateral for a promissory note.

You don't pay off a mortgage, you pay off a promissory note.

If the second mortgagee released the lien from your real estate, was it because you paid the note in full?

In other words, if you have not paid off your promissory note, then you still owe someone some money.

 

[joedaddy_4]

my gf was able to get a hold of her real estate lawyer friend and asked about this situation it is weird that the 2nd mortgage lien was removed by that company themselves. what happened was that somehow our names (my gf and i) came up on a reconveyence which was notarized stating that the 2nd mortgage which is ditech released the lien for the amount of 34900 because they where paid off by wells fargo which we never had a wells fargo mortgage or owe them any money, on the reconveyence it has a different property adress and different town nearby but with our names and exact amount we had tooken out with ditech. Now my gf filed for BK and i filed a year later ditech included that amount, but we never added it to get discharged in the first place that was there own doing. the lawyer says since there is no lien from them and i refinanced only under my name. it is voided, we stopped paying ditech because they claimed they never received any payments when we were going thru chap 7 and say we were 8 months over due and this was like in june that i spoke with them if that was true they could have forclosed. but any way i guess after refinancing my mortgage andthey realized they made a mistake they are trying to report it on my credit report again but under a slightly different account number but everything else is the same and shows it being 180 days late. so now on my credit report i have a ditech for the amount of 34900 which was discharged in Bk and another Ditech for the same amount of 34900 which is 180 days due. they havnt contact us or anything. the lawyer states that we should not contact them or anything since they have not tried doing so themselves and that pretty much this amount is a loss to them and the hardest part is getting that other account as being 180 late off my credit report.

well thanks guys

oh and i know that some of you will say you know that i owe the money that i should just pay it , well lets put it this way ditech screwed us over more than one way well this is payback

 

[seniorjudge]

How did DiTech screw you over?

What amount (in dollars) damage did DiTech do to you?

Have you talked to your bankruptcy lawyers about this?

There may be a way under your state's statutes that allows lenders to record an instrument that says, "Sorry...we didn't really mean to release that mortgage so it's back on the records." Check with a real estate lawyer because I do not know the answer.

Also, since you have not paid off DiTech and the debt was not discharged in bankruptcy, you still owe them. Even if they don't get their real estate lien back, they may still be able to get a judgment against you and get your land anyway.

Just because they made a mistake does not erase the debt. Your debt is still there.

 

[joedaddy_4]

lets put it this way pretty much they will make even what they screwed us with and what they wont get. yes i have spoek with the Bk attorney they said that that was ditechs mistake because we did not discharge them.

Thats who we spoke with a real estate lawyer and thats what he told us. in my last posting pretty much what ditech did was write that loan as a loss now they are trying to come up with something to get more $$, thats why they havnt contacted us or anything to try to get us to start paying back again, only by removing a few 0's from the original account # and slapping it back on my credit report as delinquent. so now theres 2 so called different accounts from ditech when they technically are the same,one is showing delinquent and the other as discharged , but in my gfs credit report they are reporting that both of them were discharged. Im guessing they did that because they seen i refinanced and she no longer is on title or on the first mortgage.

Ill keep you guys posted how this thing turns out for future reference