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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Legal
Satisfied Customers: 41220
Experience:  Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
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I am having a problem with Bank of America. They purchased

Resolved Question:

I am having a problem with Bank of America. They purchased the company that held my home loan in 2000 and resold the loan in 2003. When they did both transactions they filed paperwork with the local County Recorders Office, am assumption in 2000 and a satisfaction of mortage in 2003. I am trying to clear the abstract to prepare my home for sale and they discovered the errors at the local abstract company. I contacted BofA last Oct and have been in contact several times since then trying to get them to correct the errors but have not been successful. What options do I have? I have hired an attorney and he has contacted them also without success or even a responce.
Submitted: 5 years ago.
Category: Legal
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your question.

What exactly is the error? Does it appear as if the original mortgage was never property satisfied?
Customer: replied 5 years ago.
The origional mortage was dated Feb 22, 1996. When they did the assumption they used Feb 15, 1996 when they referred to the origional and when they filed the satisfaction they used Feb 27, 1996 as the origional date of the mortgage. They also refered to themselves by two differant names on the assumption and on the satisfaction. Both legal names, but differant initials after BofA name.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

So then the satisfaction was improperly filed, is that the issue? Was the new mortgage with the company recorded?
Customer: replied 5 years ago.
Both the assumption and the satisfaction have erors. Both refer to a loan dated Feb of 96 but both use the incorrect dates. Feb 15 for the assumption and Feb 27 for the satisfaction. Both should refer to a loan dated Feb 22, 1996, the origional date of the loan. How can I force BofA to make the corrections, that is the issue.
Expert:  Dimitry K., Esq. replied 5 years ago.
Thank you for your follow-up.

The easiest way to get them to modify is to have your attorney file for a "quiet title" action. Since the assumption and the satisfactions make no sense, you can get the local court to essentially REMOVE both from your record if BofA fails to assist. Ask your attorney to send them a letter threatening the "quiet title" action, and if they fail to respond or modify their paperwork, due to the errors, you will ask the courts to intervene.

Especially now, with sometimes downright criminal modifications, some judges are out for blood, and they very well may remove the loan completely from record if they (the lender) fail to actually provide valid information.

Good luck.
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