B
blifsted
Guest
What is the name of your state?What is the name of your state? PA
This situation began over a year ago in May of 2003 when my wife and I were informed by our mortgage company that our Home Equity Line of Credit had been paid in full. Knowing that we had not paid off this loan, we contacted the mortgage company and informed them so, and we requested that they research the situation to determine who had paid off our loan. The mortgage company informed us that they could not tell us who paid off the account - just that it was paid off. We made other subsequent attempts to make further inquiries into this situation, only to get the same response each time. In fact, in November of 2003, the mortgage company sent us a letter confirming that the loan was paid in full and closed, plus a copy of the Mortgage Satisfaction Piece filed with the Recorder of Deeds in our township. At this point, we could only guess that perhaps a family member was making an anonymous gift. (Not an uncommon occurrence in our family.)
Fast forward to May of 2004. I received a call from an attorney claiming to represent a title company of which I had never heard. The attorney explained that the title company was in the process of handling a refinance transaction when it was erroneously furnished with a demand from our mortgage company which the title company mistakenly paid pursuant to the wrong demand. Of course, they claim that they paid off our loan by mistake. I subsequently received a copy of a September 2003 letter sent by certified mail to my wife and myself and my mortgage company. In this letter (which we never received), the title company requested that we sign a letter to our mortgage company requesting a restatement of the account, and an indemnity agreement. They also provided a copy of the erroneous Payoff Demand Statement from our mortgage company and a copy of their check which was used to pay off our account. The attorney's May 2004 letter claims that they will commence a collection lawsuit.
My questions are 1) Can the title company sue us and what is the likelihood they would be successful?; 2) What are our rights in this situation?; and 3) Do any statutes of limitations apply here?
As far as I'm concerned, We took more than reasonable efforts to try to resolve this situation with our mortgage company. They never made us aware that these errors had taken place, and never informed us that the title company had contacted them about it. The mortgage company erred in providing the title company with an erroneous demand, and the title company obviously did not exercise adequate care by paying it. All I know is that we have a legal and recorded document that tells us that we are free and clear of this debt. Our inclination at this point is to let these companies pay for their mistakes and inefficiencies if We can legally do it.
This situation began over a year ago in May of 2003 when my wife and I were informed by our mortgage company that our Home Equity Line of Credit had been paid in full. Knowing that we had not paid off this loan, we contacted the mortgage company and informed them so, and we requested that they research the situation to determine who had paid off our loan. The mortgage company informed us that they could not tell us who paid off the account - just that it was paid off. We made other subsequent attempts to make further inquiries into this situation, only to get the same response each time. In fact, in November of 2003, the mortgage company sent us a letter confirming that the loan was paid in full and closed, plus a copy of the Mortgage Satisfaction Piece filed with the Recorder of Deeds in our township. At this point, we could only guess that perhaps a family member was making an anonymous gift. (Not an uncommon occurrence in our family.)
Fast forward to May of 2004. I received a call from an attorney claiming to represent a title company of which I had never heard. The attorney explained that the title company was in the process of handling a refinance transaction when it was erroneously furnished with a demand from our mortgage company which the title company mistakenly paid pursuant to the wrong demand. Of course, they claim that they paid off our loan by mistake. I subsequently received a copy of a September 2003 letter sent by certified mail to my wife and myself and my mortgage company. In this letter (which we never received), the title company requested that we sign a letter to our mortgage company requesting a restatement of the account, and an indemnity agreement. They also provided a copy of the erroneous Payoff Demand Statement from our mortgage company and a copy of their check which was used to pay off our account. The attorney's May 2004 letter claims that they will commence a collection lawsuit.
My questions are 1) Can the title company sue us and what is the likelihood they would be successful?; 2) What are our rights in this situation?; and 3) Do any statutes of limitations apply here?
As far as I'm concerned, We took more than reasonable efforts to try to resolve this situation with our mortgage company. They never made us aware that these errors had taken place, and never informed us that the title company had contacted them about it. The mortgage company erred in providing the title company with an erroneous demand, and the title company obviously did not exercise adequate care by paying it. All I know is that we have a legal and recorded document that tells us that we are free and clear of this debt. Our inclination at this point is to let these companies pay for their mistakes and inefficiencies if We can legally do it.