Tuesday, January 05, 2010

The Wilkersons take action, pronto!

Read this article:

A local family who refinanced their home said they found out their original mortgage was never paid, and before they could get the problem resolved, the title company that did the leg work went out of business.According to state records, Maple Leaf Title Company had been in business since March 1999. But after August 2009, the company could not legally operate in Maryland because it did not renew its license."We get closer and closer to foreclosure, so it's stressful for us, because in a month we may have our house going up for auction," said Owings Mills resident Jim Wilkerson.  Read more....

I tried to comment on the site but their system didn't work, so....

Mr. & Mrs. Wilkerson:  Take a look at the HUD-1 Settlement Statement to see who the title insurance underwriter for your transaction was.  You would have paid for a title insurance policy to protect your new lender.  Send a certified letter to this title insurance underwriter demanding that they back their licensed agent.  I would hope that the state has requirements in place for bonding.  Find out through the underwriter who bonded the title agency.  Contact your state attorney general and see if they can take action on your behalf against the title underwriter whose responsibility it was to monitor their agent.

Also, contact your new mortgage lender and make certain that they know their lien position in in jeopardy.  They may wish to contact the title underwriter for a fix before it is too late.

I do hope you are consulting with an attorney.  The underwriter may or may not be Fidelity.  You need to confirm who overwrote the actions of the agent.  Your new mortgage lender has a loan policy in their file which identifies the title underwriter if the HUD-1 does not.

Good luck.

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