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  #1  
Old 02-04-2005, 03:03 PM
Junior Member
 
Join Date: Feb 2005
Posts: 2

Title search claim


What is the name of your state?What is the name of your state? - Washington

I refinanced my home a year ago. The first mortgage company is the only lender listed on the title. I recently received a notice of default (from a different company) with a pending foreclosure if I don't reinstate the deed before the recording of the notice of trustees sale. I contacted the title company to verify the title report, which does confirm that the first mortgage company is the only one listed.

What legal rights do I have in regards to this situation AND how should I proceed in response to this notice of default?

Thanks!
  #2  
Old 02-04-2005, 03:12 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by chinwa
What is the name of your state?What is the name of your state? - Washington

I refinanced my home a year ago. The first mortgage company is the only lender listed on the title. I recently received a notice of default (from a different company) with a pending foreclosure if I don't reinstate the deed before the recording of the notice of trustees sale. I contacted the title company to verify the title report, which does confirm that the first mortgage company is the only one listed.

What legal rights do I have in regards to this situation AND how should I proceed in response to this notice of default?

Thanks!

**A: first of all, you got your terminology wrong as there is no deed to reinstate.
It is the mortgage that you need to reinstate or get current.
Secondly, it is entirely possible and probable that your original lender sold the loan or entered into a contract with a mortgage servicing company, and that is why the notice of default came from a company that you are not familiar with.
You called the wrong company as the title company is not invovled in your mortgage default issues. You should have called the company listed in the default letter and the original mortgage company. You have the legal right to pay and otherwise resolve the loan default. Contact them immediately.
If your state allows a nonjudicial foreclosure and the mortgage allows it, you could find yourself without a home without you even knowing what happened.
  #3  
Old 02-04-2005, 03:31 PM
seniorjudge
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Posts: n/a
Quote:
Originally Posted by chinwa
What is the name of your state?What is the name of your state? - Washington

I refinanced my home a year ago. The first mortgage company is the only lender listed on the title. I recently received a notice of default (from a different company) with a pending foreclosure if I don't reinstate the deed before the recording of the notice of trustees sale. I contacted the title company to verify the title report, which does confirm that the first mortgage company is the only one listed.

What legal rights do I have in regards to this situation AND how should I proceed in response to this notice of default?

Thanks!
Have you been paying your mortgage payments?
  #4  
Old 02-04-2005, 03:36 PM
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Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally Posted by seniorjudge
Have you been paying your mortgage payments?
**A: there is more to this story.
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