Title Insurance
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What happens if your title company neglect to record a CEMA even though they took the recording fee and now you cannot refinance without paying mortgage tax?


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2010-10-19 20:24:35
2010-10-19 20:24:35

You should consult an attorney, but it sounds like the title company was negligent. You should demand they compensate you for it and if they don't, take them to small claims court (or higher level court depending on the amount allowed in your jurisdiction).

A CEMA mortgage is a very specific mortgage document. Was the original mortgage a CEMA mortgage and do you have an Owner's Policy issued by the title agency for that transaction?

I am assuming you used an attorney for your closing, so consult that attorney as to what can be done, since you PAID that attorney for legal advise in the transaction.

If the title agency collected a recording fee and did not use it to record a document (ANY document) that is a RESPA violation which can have very serious consequences for the title agency.

I would go to their UNDERWRITER with the complaint and see what happens from there. Typically the Underwriter will consult with their Agents so that claims are not filed. They may be able to compel them to perform accordingly.

If you had an Owner's Policy issued in the transaction, I'd immediately file a claim. If this was on a refinance transaction, you need to make sure that a CEMA mortgage was used by the lender.

In either case, you are entitled to remedy of the situation.


Related Questions

The type of deed will determine what happens to the property after her death. If there is a right of survivorship, you will get the house. The mortgage company determines whether you keep the mortgage or have to refinance.

The answer is when he dies the reverse mortgage company will settle up the loan, so you will have to either sell the house or refinance with a new mortgage.

You will have to ask your mortgage provider, because it varies from business to business. Some do not offer this option at all, but others may do so for a fee.

Yes, no matter what happens to the owner of your mortgage, you should always make your payments on time. A loan sale or servicing transfer does not mean you can skip a payment.

Mortgage notes are considered a company asset and are transferred or sold to other servicing lenders. Most mortgage companies only service loans for investors "fannie mae, Freddie Mac, etc."

It just means the 2d has to be paid if you refinance, sell etc. In other words you can't do a refi unless a payoff of the 2d is rolled in.

That depends on many factors. There is potential you will lose your house through forced sale. It is not a smart financial move for your ex-spouse to maintain a joint mortgage with you. Just because you were awarded the house is not a guarantee you will get to keep it, especially if the decree you signed stated you had to refinance.

Once you have defaulted on your mortgage or have gone into foreclosure all your rights on the homeowners policy are null and void. all rights of recovery revert to the Mortgage company. Basically you become uninsured and the mortgage company remains insured through the policy term. Also if the policy gets cancelled due to the foreclosure any refunds belong to the mortgage company.

AnswerThe first mortgage would have the first position on the lien. So if the second mortgage company foreclosed on the property - they would sell the property and the sale proceeds must go to pay off the first mortgage company first. Then, if there is anything left over, that money goes to the second mortgage company.For example, there is a first mortgage of 100,000 and a second mortgage of 40,000. The property is foreclosed and sold for 125,000. The first mortgage gets paid off (100,000) and the second mortgage company gets the remaining 25,000.The property owner still owes the second mortgage company the other 15,000.--------------------------------------------------------------------------------------------------------------Not true. Maybe different laws in different states but here the 2nd mortgage foreclosure sale does not directly effect the 1st mortgage. It remains a lien.

Her estate will have 6 months to sell the home or refinance it. If there is negative equity in the home the estate will have the option to turn the home over to the lender without any further recourse, provided this is a FHA HECM reverse mortgage.

See http://www.fivecentnickel.com/2008/09/22/what-happens-to-your-mortgage-if-your-bank-fails/

You are still likely to have a foreclosure problem, since the collateral is your house. You need to get more information about what can be done. These days, you may be able to refinance into one loan, even if you are underwater. At the new rate, you may be able to afford your payments.

They can proceed with a foreclosure or whatever "cure and remand" action they so choose.

Nothing happens to it. It still remains in second place.

The same thing that would happen in any city in the US; the mortgage company will begin a foreclosure action to take ownership of the property.

What happens to a mortgage after bankruptcy depends on whether or not the debt is reaffirmed. If the mortgage is reaffirmed the homeowner continues to pay it as if the bankruptcy had not been filed, since the debt has not been discharged. If the debt is not reaffirmed, what happens to the mortgage depends on the policies of the individual lender.

Yes, it could. Any lien holder can initiate the foreclosure process - so if your 2nd mortgage goes into default, the mortgage company could choose to start foreclosure proceedings based on the default.

You will then have one mortgage and not two.

Unfortunately, foreclosure happens.

Nothing , except if you try that, you may be charged with fraud if that's not true.

The mortgage has to be resolved. Either it must be sold and the mortgage paid off, or the person inheriting obtains a replacement mortgage.

what happens if you become unemplyed and wish to reduce your mortgage payments are there any options in holland

It depends....the 2nd mortgage holder can buy out your first mortgage and then foreclose on the entire property , the chances are higher of this happening is the 2nd mortgage is kinda large or if they are held by the same lender. If the 2nd mortgage holder decides not to buy the first mortgage out then typically nothing with happen because the first mortgage holder is in control. The 2nd mortgage cannot foreclose on the first mortgage so keep the first mortgage payments current.If the 2nd does not buyout the first then the lien with remain on the property and you will be require to pay it off if you sell or refinance the property down the road.Mortgage loan officer PAIn Texas the law is: http://www.avvo.com/legal-answers/tx-foreclosure-second-trust-deed-4498.html

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