Legal Question in Real Estate Law in California

I've been trying to get a home loan modification through wells fargo since jan 2009. we had to stop pay our mortgage in april 2009. we were current up until then. past due property tax caused our payment to go up. they gave us a short period of time to pay it. it is now sept 2009. it has been a terrible experience. they've denied us at least three times. i know we qualify for obama's affordable home program. we recently attended a forclosure workshop and met with a wells fargo rep who gave us a phone number to call to speak with someone directly. finally a real person-supposedly the loan negotiator. this person said that when the investor ran a title search it revealed that there is a lien showing from a previous lender. this is from 11 years ago. when we refinanced with wells fargo 3 years ago this didn't come up. we paid for a proper title search back then. wells fargo claims they are second postion. wells fargo says they can't do anything until this gets taken care of, my question is what should i do? is this a blessing in disguise? please advice. any help you can give would be greatly appreciated.


Asked on 9/21/09, 3:59 pm

1 Answer from Attorneys

If you used a title company for the wells fargo refinance, you should contact them and ask them why the prior lein wasn't reconveyed. If you just dealt with a loan broker, ask them. Wells fargo should have run their loan through a title compan of some sort and they should take care of it.

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Answered on 9/21/09, 5:31 pm


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