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Dave Kennett
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience:  25 years experience
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how do i get a paid in full deed on my property realeased

Resolved Question:

how do i get a paid in full deed on my property realeased
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Dave Kennett replied 1 year ago.
-Could you explain your situation a little more?
Was this a mortgage that was paid or was this a land contract where the deed is supposed to be given to you?
Who is refusing to sign the deed?
Please explain the circumstances.
Customer: replied 1 year ago.


in the year of 1999 my mortgage company was new century mortgage( who went into bankruptcy) as i understand the mortgage was then serviced by meriall lynch then sent to a company named littion then a company named ocwen i had a sale on my on my home recieved $5000.00 earnest money and had the title search done and was notified new century mortgage had not reassigned or recoveyed the deed of trust

Expert:  Dave Kennett replied 1 year ago.
Dear JACUSTOMER - If your mortgage has been paid in full and the lender never signed a release or a quit claim deed to clear the lien then your only option would be to file a "quiet title" action in the local court and get a court order to grant quiet title in your name. Generally I would advise anyone who is making their last mortgage payment to demand a release of the mortgage or deed of trust at the time of the last payment. The lenders are always anxious to get their money but are very lax in getting the release filed after the mortgage has been paid leaving the homeowner with a cloud on their title. You can also add the action of "defamation of title" to your suit and demand attorney fees for intentionally damaging your title. Generally filing this action will get a quick response from the lender and get the mortgage and deed of trust released.l
Customer: replied 1 year ago.


i am not clear on your answer i have a current deed on my property

Expert:  Dave Kennett replied 1 year ago.
If you have the deed then I am assuming it is the mortgage you need to have released because you have paid it in full. So if the lender will not respond or sign a release then your only option is what I explained above with respect to quiet title and defamation of title. I understand you have a deed but there is obviously a "cloud" on your title from a prior lender that needs to be released. I'm not certain how else to explain it.
Dave Kennett, Lawyer
Category: Real Estate Law
Satisfied Customers: 27687
Experience: 25 years experience
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