Legal Question in Real Estate Law in New Jersey

mortgage leins

how can i get an old mortgage lein removed from my title. We originally purchased ouh house in 1983. We refinanced in 1986. We are about to get a home equity loan and the comapny found that there was two mortgages on our title. The mortgage comapny that refinanced the mortgage from longer is in business. What can we do?


Asked on 7/02/09, 7:43 pm

4 Answers from Attorneys

John Corbett Corbett Law Firm LLC

Re: mortgage leins

That depends on who gave the mortgages. If you are speaking of mortgages that were given by people who are before you in the chain of title, your title company should have cleared them. Your title policy will cover earlier claims and you should contact your title insurer to have them removed now. If you are saying that the mortgages are ones that you gave that have been paid by you but not satisfied on the record, you may have to file a suit to quiet title if you can't find the creditor.

My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 7/03/09, 9:12 am
Walter LeVine Walter D. LeVine, Esq.

Re: mortgage leins

I agree with the other writers, but unless the payoff was done through the title company, they might not have the information. If an attorney assisted you and made the payoff, he may have the Discharge and failed to file it. Or, it could have been sent to you and not recorded, so check your records. The NJ Banking Department may have information on a successor to the original mortgage company and they may be able to assist you. If all else fails, this may require litigation to clear the public records. Contact me directly if you need assistance.

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Answered on 7/03/09, 11:42 am
Miriam Jacobson Retired from practice of law

Re: mortgage leins

If you have the HUD-1 (Settlement Statement) from the refinance, contact the title insurance company that conducted the settlement. It should have taken care of getting the mortgage that was paid off released.

This response is not legal advice, since I do not have all of the information that would be required, and I do not have a representation agreement with you.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 7/02/09, 8:55 pm
Robert Gleaner Robert A. Gleaner, P.C.

Re: mortgage leins

This should be taken care of by the title company that you had at the time of the transaction.

Keep in mind that this information is given based on the scanty facts that you have provided. And no one can rely on advice from an attorney who has not been retained. In order to be able to rely upon any advice, you need to meet with and retain an attorney, who will be able to give you advice after a full and comprehensive interview. Before you do anything, you should contact an attorney for a full consultation. Feel free to call me to discuss your matter in more detail. Mention Law Guru and your first one hour consultation will be free. Good Luck! Rob Gleaner

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Answered on 7/02/09, 9:50 pm


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