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