Legal Question in Real Estate Law in Georgia

Re: rescinded mortgage

You may find that the finance company has simply been acquired by someone else, in which case the successor in interest can release the mortgage. Look up the finance company on the Secretary of State's website, which should give you this info.

If they are truly defunct, you may have to bring a court action to have the mortgage cancelled of record. You should consult a real estate attorney regarding this.

Re: rescinded mortgage

If your lender is using a closing attorney to conduct the closing of the refinance, then that attorney should be able to take care of the matter for you. If that is not the case, my lawfirm works on matters such as this. Please feel free to contact me in the event that you wish to employ an attorney to assist yo with the matter.

Re: rescinded mortgage

The lender's closinng attorney should NOT be relied upon to handle it (if you cannot resolve it prior to that time). They protect the lender's interest, not yours, and they may not be inclined to go above and beyond their clients interest with only the closing fee. While your interests may be aligned here, you will want to make absolutely sure the matter is handled properly. If necessary, retain a lawyer who handles real estate matters as a primary business -- not just a lawyer who claims to handle that and a dozen other unrelated areas for a fee. First, get on the internet and phone to see if you can't handle it without paying a lawyer. The Dept of Banking & Finance may be of some help.