lien still on property after 5+ years

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Icon Mini Profile drj012004




Joined: 01 Oct 2009

Posts: 1

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PostPosted: Thu Oct 01, 2009 12:44 pm    Post subject: lien still on property after 5+ years

I had mortgage with ABN AMRO and refinanced with ABN AMRO two years later. I paid off about 5 1/2 years ago. However, when I asked for lien release back then, I got a letter to show the 1ST loan been released, NOT BOTH, but I did not notice that. Now my new bank noticed that and asked for lease of the 2nd loan with ABN AMRO. The problem is that ABN AMRO was bought by CitiMortgage and my account was closed (04/2004) before Citi took over. none of my information is in Citi computer systems so that custom services can not even direct me to right department. I spent two full days on the phone, calling CitiMortgage, and got nowhere.

Anyone knows which department in CitiMortgage handles historical account from ABN AMRO, so that I could request a release of mortgage? at this time, I can not close my home equity loan, neither sale my house. I need that piece of paper!

By the way, CitiMortgage custom services is helpless.

Thanks for your help
Icon Mini Profile smithsussane
smith.sussane



Joined: 18 Sep 2008

Posts: 3738
Location: Alaska
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PostPosted: Thu Oct 01, 2009 7:52 pm    Post subject:

Hi drj!

Welcome to forums!

Did you take two mortgages from ABN AMRO and then refinanced it into one? If you've done so, then you would receive only one lien release certificate as you merged both the loans into one while refinancing it.

Feel free to ask if you've further queries.

Sussane
Icon Mini Profile sunnyca2009




Joined: 04 Aug 2009

Posts: 1737

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PostPosted: Thu Oct 01, 2009 8:40 pm    Post subject:

Looks like it was two loans and combined in to one when it was refinance

In that case you will have only one lein
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PostPosted: Fri Oct 02, 2009 8:09 am    Post subject:

the lien release letter had LIBER and PAGE referenced the 1st mortgage, not the 2nd. my new bank insisted the 2nd one was needed.

my title insurance company thinks the lien release letter I had should have referenced the 2nd one, not the 1st. and that is a mistake. nevertheless, the 2nd mortgage with ABN AMRO still need to be released (referenced by recorded date, amount, LIBER number and page number on the records)
Icon Mini Profile jheard
jheard
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Joined: 12 Dec 2007

Posts: 599
Location: Houston, TX
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PostPosted: Fri Oct 02, 2009 11:09 am    Post subject:

You need to start dealing with Citibank in writing from now on. Find out the address of their legal dept. Send them a letter explaining the circumstances, and enclose copies of all documents, ie mortgages, etc. Request that they prepare and record a release of the lien in question within 30 days. Tell them if they do not, you will bring a lawsuit against them to "quiet title" and ask for your attorneys' fees. In fact, you should probably consult an attorney right now and let him write the letter.
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Disclaimer: This is not legal advice and I am not your lawyer. The information provided in this forum is for discussion purposes only, and is no substitute for an in-person consultation with an attorney who can analyze all of the facts and determine how your state and local laws may apply to your specific situation.
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