Deed and Mortgage Recording Error

[schalum@hotmail]

What is the name of your state? New York

In January of 2003 I closed on my current home. Now, I am trying to do a refinance. The bank found out that the title company never got the deed and mortgage recorded. Thus, they will not be able to close on the loan as planned. We have contacted the title company and they are working on it. However, I fear that I will miss my lock which will expire in 3 days.

The title company admitted to their error. Is there anything that I can do legally if I do not close as planned? Basicially, I paid for services that were never provided to me. If they are fees to extend the lock should the title company be liable for it. I had title insurance as well.

 

[MortgageGuru]

It should only cost .125% to .25% to extend your rate lock. You may be able to convince your loan officer to eat that extension fee because he didn't read the title before the underwriter or title company did. Most of the time it's an easy fix nothing to really stress over. But the LO should eat the extra on that one.

 

[schalum@hotmail]

Thanks

thank you. I will try that route.