Closing company failed to record the mortgage on our deed

[starryskies]

New York state:

We refinanced our mortgage in February 2003. When the closing company sent the paperwork to the town hall to be recorded on the deed, the fax was illegible. The County Clerk sent a letter to the closing company to that effect, and asked them to re-send the paperwork. The closing company failed to do so, and the 1 year time limit to record the lien on the deed elapsed.

After the time limit expired, the closing company asked us to re-execute the mortgage. We agreed to sign the paperwork. We scheduled a day, took off work, and just before the agreed upon time, we got a call from the notary stating the mortgage company failed to send her the documents, and cancelled the meeting at the last minute.

Now the closing company wants us to re-execute the mortgage, citing the fact that we signed a document promising to rectify errors and omissions. They sent us a copy of an unsigned document to that effect. Later they sent us a dated, signed document with no mention of the loan company, loan amount or account number in which we did promise to correct errors and omissions. If we are forced to do so by legal action, we are liable for legal expenses such as attorney’s fees and court costs.

Now they are threatening legal action if we don’t re-execute the mortgage.

Do we have a case if we refuse to re-execute the mortgage?

Thanks for your time.

[HomeGuru]

Originally Posted by starryskies

New York state:

We refinanced our mortgage in February 2003. When the closing company sent the paperwork to the town hall to be recorded on the deed, the fax was illegible. The County Clerk sent a letter to the closing company to that effect, and asked them to re-send the paperwork. The closing company failed to do so, and the 1 year time limit to record the lien on the deed elapsed.

After the time limit expired, the closing company asked us to re-execute the mortgage. We agreed to sign the paperwork. We scheduled a day, took off work, and just before the agreed upon time, we got a call from the notary stating the mortgage company failed to send her the documents, and cancelled the meeting at the last minute.

Now the closing company wants us to re-execute the mortgage, citing the fact that we signed a document promising to rectify errors and omissions. They sent us a copy of an unsigned document to that effect. Later they sent us a dated, signed document with no mention of the loan company, loan amount or account number in which we did promise to correct errors and omissions. If we are forced to do so by legal action, we are liable for legal expenses such as attorney’s fees and court costs.

Now they are threatening legal action if we don’t re-execute the mortgage.

Do we have a case if we refuse to re-execute the mortgage?

Thanks for your time.

**A: no you have absolutely no case at all.

Now the closing company wants us to re-execute the mortgage, citing the fact that we signed a document promising to rectify errors and omissions.

Based solely on the facts you give, you don't have any legal standing to break your agreement.

[HomeGuru]

Originally Posted by seniorjudge

Now the closing company wants us to re-execute the mortgage, citing the fact that we signed a document promising to rectify errors and omissions.

Based solely on the facts you give, you don't have any legal standing to break your agreement.

**A: so sign or the mortgage company can break your asset.