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DrakeLAW
DrakeLAW, Lawyer
Category: Real Estate Law
Satisfied Customers: 431
Experience:  Attorney at Drake Law Firm PLC
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How do you get a 2 lien off my mortgage, That when I filed a

Customer Question

how do you get a 2 lien off my mortgage, That when I filed a bankruptcy back in 2003 and the lenders are no longer around any more I have had lawyers 2 different time write letters in my behalf and they could no get them to release them they kept saying they didn't no who I was so why cant they release it if that's the case. is there not a statue of limitations its getting close to 14 years. will I have to sell my house to get rid of the lien. Thanks for the help.
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  DrakeLAW replied 1 month ago.

Hi, my name is ***** ***** I look forward to helping you, please give me a moment to review and possibly research answers to your question.

Expert:  DrakeLAW replied 1 month ago.

Hi, sorry for the delay there, for some reason this question disappeared from my queue. So I understand the situation, have you not paid on the mortgage in 14 years or has it been paid off for 14 years?

Customer: replied 1 month ago.
My mortgage has been paid and in good standing. That was a 2nd mortgage thru Di Tech.com they are no longer around. My credit has been good for a long time would like to refinance or sale my place but that Lien is still showing and no one can tell me how to get it off. I had a law firm back in 2011 try to do something with it they contacted everyone from them and even GMAC no one has a record of me so no one would do anything so I am lost. They even used my SS # and still nothing. This all stems from a Chapter 7 bankruptcy in 2003. So please give me some help. Johnny
Expert:  DrakeLAW replied 1 month ago.

I am asking about the 2nd mortgage. Was the 2nd mortgage paid in full or was there a balance on it and it was discharged in the bankruptcy in 2003?

Customer: replied 1 month ago.
There was a balance.
Expert:  DrakeLAW replied 1 month ago.

Alright, that is what I thought. So the problem is, the debt may be discharged but the lien is not removed in a chapter 7. So the lien is still in place and would the amount of the balance plus interest.

However, you are right, the statute of limitations to collect against the lien may be over. And it sure sounds like nobody can find your loan. So what you need to do is file a "quiet title" action to try and have the 2nd lien actually removed from the title record. You need to find a local real estate attorney to do this.

Does that all make sense?

Customer: replied 1 month ago.
thank you I will contact an attorney to see if they can help me with the. (quiet title)

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