mh title issue

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lostinwindsor
Posts: 6
Joined: Sun Mar 17, 2013 10:29 am

mh title issue

Post by lostinwindsor » Sun Mar 17, 2013 10:49 am

In advance, I thank you for your help and assistance. My plan is to gather my paperwork and visit with dealer, closing attorney, and my attorney at first chance.

I am in the process of closing on my land and moving. Writing this information may get confusing and I will try to keep it simple and straight.

We purchased our land and financed through a local bank. Mortgage was registered with Aiken County.

We purchased our mobile home and had it placed on our land. We financed through our dealer in Aiken via Chase Mortgage. Title was filed with DMV. No mortgage was registered with Aiken County.

In late 2004, we refinanced with Atlantic Coast. The property deed was registered as land with improvements. I receive two separate tax numbers/bills. There are two separate property cards.

Chase is now asking for proof of payoff, which I never received. I will ask Atlantic Coast about this.

Now, I am unable to get clear title to MH because Chase never filed release of lien with DMV. Atlantic Coast has no record of title.

I am at a loss and could used any and all help or advice.

I plan on talking to dealer to see if they may have any info on release of lien from Chase. I plan on talking with closing attorney for refinance to see if they have any copies of paperwork that will show release of lien. I expect Title Insurance and an attorney would cover this, but I am trying to do this asap!

Thank you very much!

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: mh title issue

Post by rmurray » Sun Mar 17, 2013 12:27 pm

I live in your area...Did you disclose your outstanding balance at chase On your application for refi? Your first stop should be the attorney. Your closing documents should disclose every payment made in your behalf from your mortgage proceeds. Title searches will ONLY disclose property liens not liens on titles. You would have had to inform them prior to closing. The attorney should have asked for your title at closing...Be sure your mortgage payment dismemberments total the full mortgage. Your title was never retired if you get 2 tax bills. Your proof of payoff should be in your original closing documents..Good Luck...Surprising it took Chase 7 years to ask for their money..

lostinwindsor
Posts: 6
Joined: Sun Mar 17, 2013 10:29 am

Re: mh title issue

Post by lostinwindsor » Sun Mar 17, 2013 1:51 pm

Yes, we disclosed all balances due to Atlantic Coast. Chase was the home. Enterprise was the land. We have receipt from Enterprise. We never received notice from Chase. The documents show payment to be made to Chase on the closing paper, but there is not title paperwork in closing documents for Refi!

Yes, I will be visiting Atty tomorrow. Thank you for the luck.

Oh, apparantly, Chase has no balance listed for me, but all documentation has been purged from system.

So, I now need to ask Refi Bank if they have proof of payment. I will ask ATTY for copy of check to Chase....Yippee!!!

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: mh title issue

Post by rmurray » Mon Mar 18, 2013 6:46 am

I presume you have checked the title with the title office and they are the ones who say lien is still on it..If so the closing attorney should be able to supply copies of canceled checks for any activity in his escrow account. These accounts are highly regulated by the authorities. At the time of closing he should have paid off Chase within days. He also should have received the title with satisfied lien a few weeks later at which time he should have retired the title and made it part of your real estate. Then you should have had only 1 tax bill. Chase should have informed DMV about lien release within a few days as well. Technically Atlantic does not have proper documentation to expect your home to be part of their mortgage. Of course they are protected by title company. Usually title insurance covers the lender only unless you paid extra for owners policy. You would have been offered optional coverage at closing. In the hundreds of closings I attended in SC, I doubt no more then 1 or 2 owners paid the extra fee.
Do you have escrow for your taxes and have they been paying taxes on the MH since you mentioned you still get 2 bills.

lostinwindsor
Posts: 6
Joined: Sun Mar 17, 2013 10:29 am

Re: mh title issue

Post by lostinwindsor » Fri Mar 22, 2013 4:57 pm

Our situation has gone from bad to worse! Chase is denying receipt of information the closing atty sent them last week. No, I didn't get optional title insurance.

We do have escrow for insurance and taxes. Current mortgage is for both land and home.

I am afraid this will result in a lawsuit! I will let prior closing atty handle it before I pass it over to a different atty...fun!

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: mh title issue

Post by rmurray » Fri Mar 22, 2013 11:03 pm

I am a bit confused, in the first post you mentioned Chase was asking for proof of payoff but then later mentioned Chase has no balance and have purged all documents of your account. I am still not clear why Chase is asking anything at this late date. With No balance and no documents I am wondering why or how they decided to call now. Why would Chase need anything from you since they have no record of your account. With no record they cannot do anything to you and I am now worried about some kind of scam artist here. I would not talk to them anymore and definitely NOT give them any more personal information.

lostinwindsor
Posts: 6
Joined: Sun Mar 17, 2013 10:29 am

Re: mh title issue

Post by lostinwindsor » Sat Mar 23, 2013 11:29 am

I knew there would be misunderstanding. It is very hard to explain.

With SC DMV, Chase is listed as lien holder. We refinanced in 04. Atlantic Coast payed off Chase and another Bank.

Atlantic Coast never received title to home. I never thought about it.

We will be selling our property and paying off mortgage with Atlantic Coast.

I realized just recently that we never received proof of payoff or clear title from Chase.

Now, we are going back to Chase to try to get release of lien or title.

Chase is denying that the documents we have provided show adequate proof. Therefor, they will not release lien....

So, in a nutshell, we need release of lien to present to DMV so we can move home. We pursued this with Chase.

Thank you for your help. If you have any ideas, I greatly appreciate it.

It looks like I will be going to closing ATTY from refinance and have him pursue this!

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: mh title issue

Post by rmurray » Sat Mar 23, 2013 2:53 pm

Of course you cannot move the home till Atlantic is paid off.
Time to raise the heat with Chase. They are the ones at fault here unless original closing attorney failed to retire the title properly but Chase should have sent paid notice to DMV as soon as lien is released. The closing attorney should be able to produce canceled payoff check and title retirement documents. Many closing attorney's are at a lose on the retirement process. He may still have lien released title in his file. This negligence probably cost you more taxes than necessary over the years and put Atlantic at risk without properly documented collateral.

lostinwindsor
Posts: 6
Joined: Sun Mar 17, 2013 10:29 am

Re: mh title issue

Post by lostinwindsor » Sat Mar 23, 2013 3:50 pm

I am going to scan in all documents from Closing ATTY. I am going to email Chase with Case Number and a detailed letter. I will go to Closing ATTY on Tuesday to request his further involvement with this.

Chase claims to not have received the fax from the ATTY last week. I scanned and emailed check to Chase. Dumb questions ensued.

Yes, time to turn up the heat. I have tried. I have failed. I have tried again. Chase is refusing any acknowledgment of account!

No, he doesn't have title in his documents. I already checked.

Thank you!

rmurray
Posts: 1086
Joined: Thu May 25, 2006 6:49 pm

Re: mh title issue

Post by rmurray » Sat Mar 23, 2013 4:56 pm

You should file a complaint with CFPB @ http://www.consumerfinance.gov/

From what I read banks pay lots of attention to these folks..

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