QUESTION

How can we remove the lien on the house if the companies are no longer in business?

Asked on Jul 04th, 2013 on Bankruptcy - North Carolina
More details to this question:
In 1979 we bought a house and financed thru a company in North Carolina. We refinanced in 1992. We recently found that the lien from that company wasn't released when refinanced. Neither company is in business any longer. We also refinanced in 1994 and 1997. None of the companies are in business. All liens subsequent to the initial one were released.
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2 ANSWERS

This is a tricky problem but it still may be possible to get the satisfaction filed. It will require a lot of homework. You will have to first make a copy of the deed of trust. Who is listed as the trustee? The lender? Is it through MERS (mortgage electronic recording system)? Have you contacted MERS if so, Although you say that the lenders are out of business, what happened to them? Their assets went somewhere. Trace the companies see who bought their assets. Once you find out who may have the loan, then a letter can be sent to the right party explaining the situation and asking for a satisfaction of judgment/release of lien. There is a set process set forth in NCGA 45-36.2. If you find out who has the loan, then a certified letter needs sent to the lender. If there truly is a dead end, then you will need to seek out a real estate attorney. There is a process for that outlined in the statutes too. Once the attorney gives notice then the attorney can submit an affidavit of satisfaction. If you cannot locate the lender, try the trustee of the deed of trust before you hire a lawyer; the trustee may also be able to record a satisfaction once you supply proof that the loan was paid with the proceeds of the refinance.
Answered on Jul 08th, 2013 at 2:36 PM

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Chapter 13 Bankruptcy Attorney serving Winston-Salem, NC at Love and Dillenbeck Law
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There is a process to do with by filing a certification with the Register of Deeds. It requires the lender to do it or an attorney to do it on your behalf. Contact an attorney in your area familiar with real estate transactions. It is a relatively cheap and easy process that I have accomplished several times.
Answered on Jul 08th, 2013 at 11:11 AM

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