We sold a house in Michigan in 2004. The new owners just attempted to refi and found out the warranty deed was not recorded. Neither they nor us have a copy of the warranty deed from 2004.
The title company who handled the transaction is bankrupt. The new owners just gave up on refi and are not fixing the title. The county recorder still lists us as the last filed warranty deed from our purchase in 2002.
There is a mortgage filed against the property in the new owners name. I called the company lsited as filing the mortgage, but they sold it shortly after they recorded it, and do not have a record to whom they sold it.
The new owner does not want to give me the name of their current lender (I figured their title insurance underwriter would take care of clearing title). Here are my questions:
1) Is there a way to find out who the current mortgage company is?
2) If the current owners default on the mortgage, can the property be foreclosed and do I have any liability?
3) What actions would you suggest I take.
Thank you in advance for your help