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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45654
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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I refinanced in 2010 to consolidated a home equity loan and

Customer Question

I refinanced in 2010 to consolidated a home equity loan and mortgage. Now in 2013 I am ready to sell my property but the company who held the home equity loan last (the loan was sold a couple of times) says via phone that I have a $0 balance but they have not been able to issue a satisfaction letter because of a code in their system they won't share with me and customer service doesn't know what the code means. This loan shows on the title search so its preventing closing on the sale. I have called every other day for two weeks with no progress. How do I pressure Nationstar to issue the letter? Their original 2 week preparation period has come and gone with no progress noted in my file when I call customer service.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good afternoon. What you want to do is raise the stakes on them so that they know that not resolving this immediately is going to cost them far more in the end. Find out the email and mailing address for their general counsel and one of the officers of the company. Then, send an email (because it gets there quickly) and a certified, return receipt requested letter detailing the history and demanding that they get their lien released within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence and bad faith causes of action, which will entitle you not only to your actual damages (including any and all damages you incur due to their lack of performance), but also an additional amount equal to multiple times your actual damages as punitive damages. Once the recipients of your correspondence get wind of what's happening and their potential liability, that should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.



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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 45654
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Richard and 8 other Real Estate Law Specialists are ready to help you
Expert:  Richard replied 1 year ago.
Thank you so much for the positive rating! I appreciate having had the opportunity to serve you! If I can be of assistance to you in the future, just look me up and I will be happy to help! For easy access, my bookmark is: http://www.justanswer.com/law/expert-legalbeacon/

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