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I am trying to get a HELLOC and in the process found there…

I am trying to...

I am trying to get a HELLOC and in the process found there was a lien of HELLOC already on my property. The HELLOC was the tail of my refinance with GMAC 15 years ago. As a common practice at the time, they threw in a HELLOC free of charge. I forgot about it, never used it, and applied for a HELLOC from another bank two years later. Five years later, GMAC belly up and transferred all "active " loans to DITECH to service. Since the HELLOC was never used (zero balance), so they never get transferred nor reconveyanced. My main loan will be paid up in two months but I can't to anything with the property now because the county said only the party who filed the lien has the right to reconveyance it. Now that GMAC no longer exist and It's alter ego Ditech (even on the original loan app clearly stated GMAC DBA Ditech they insist they are a different entity) said they don't have any records of that and can't help me, I don't even know who I can sue to clear the title. What can I do now?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

California (Los Angeles county)

Lawyer's Assistant: Has anything been filed or reported?

They can't. According to the bank, nowadays county only accept ONE HE'LL lien on top of regular pri***** *****en, so they can't even squeeze theirs in edgewise

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Customer reply replied 5 months ago
You promised an answer in 8 minutes, now is three hours plus, what gives?
Answered in 11 hours by:
3/9/2018
Bruce Schreiber
Category: Legal
Satisfied Customers: 864
Experience: Attorney At Law at SELF
Verified

Welcome & thank you for your question. I am the professional that will be assisting you. I am reviewing your question & will be with you shortly.

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If Ditech is unwilling to help you, you will have no choice but to file a quiet title action. If you have documentation that they are indeed the current holder of the lien they should be named as the defendant.

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Customer reply replied 5 months ago
Thanks for your help but pardon my ignorance. What is a quiet title action (I don’t want to assume) and how does one go about it? Also how does one go about “proving “ they are the current lien holder when they insist, despite the same name, that they are a brand new entity not related to the old one and much as they are willing to help, without the documentation or records, there is nothing they can do?

It is an action to clear up title or lien questions.

quiet title action

n. a lawsuit to establish a party's title to real property against anyone and everyone, and thus "quiet" any challenges or claims to the title. Such a suit usually arises when there is some question about clear title, there exists some recorded problem (such as an old lease or failure to clear title after payment of a mortgage), an error in description which casts doubt on the amount of property owned, or an easement used for years without a recorded description. An action for quiet title requires description of the property to be "quieted," naming as defendants anyone who might have an interest (including descendants-known or unknown- of prior owners), and the factual and legal basis for the claim of title. Notice must be given to all potentially interested parties, including known and unknown, by publication. If the court is convinced title is in the plaintiff (the plaintiff owns the title), a quiet title judgment will be granted which can be recorded and thus provide legal "good title."

You probably need a local attorney to help you.

They would be named based upon your research so far... then they would have the burden of proving it is not them. If the Court determines that it is impossible to locate the actual mortgage holder the court could extinguish the lien.

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The site does not credit the Attorneys unless the customer rates our service positively. Thank you for your consideration. Please feel free to ask more questions and I will be happy to continue to assist you.

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Bruce Schreiber
Category: Legal
Satisfied Customers: 864
Experience: Attorney At Law at SELF
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Customer reply replied 5 months ago
This is great. Now I at least have a goal and a starting point. Give me a level and I’ll move the world...eh...clear the title.Thanks again.

Good luck.

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