Bankruptcy Law Questions? Ask a Bankruptcy Lawyer.
Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to answer your legal questions.
You can theoretically file a quiet title action even though GMAC Mortgage no longer exists. It was taken over by Ally. But putting that aside, the easiest way to deal with this would be to contact Ally and ask if it will file a release. If not, then the next step would be to contact your own title insurance company from when you refinanced. The lender, at the least, would have obtained title insurance. If so, then that title insurance company would likely provide an indemnification letter, which states that in the event that GMAC (or its successor) were to ever claim that it has a lien on the property, then the title insurance company will guarantee payment. Indemnification letters are quite common, and this situation is (unfortunately) quite common.
But if that doesn't work, then you should file a lawsuit against GMAC and its successor to quiet the title.
Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied.
Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue. If not, then please remember to provide a positive rating (and note that your positive rating is the only way that I'll get credit for helping you, so I greatly appreciate it). Thank you!