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  1. #1

    Default What to Do if a Mortgage Company Can't Deliver a Release of Lien

    My question involves real estate located in the State of: Hawaii

    My home mortgage was paid in full mid-2015. In Hawaii there are two recording systems in which two liens are to be removed. most mainland mortgage companies are unfamiliar with the double system and occasionally overlook the release of the second lien.

    I have applied for a HELOC and the bank can't process my loan until the lien is removed. The mortgage company says that after 2 years the documents are filed away and harder to access. Then they sent me the release documents they had on file which only released the first lien, not the second. When asked to provide the release of mortgage for the second lien, they said that their "vendor" who they don't know who it is) sent the release to the "County" to remove the second lien. My bank says that the County takes a couple months to process therefre they requested an electronic copy of the release documents so that their title company could expedite the legwork. When asked, the mortgage company says they mailed the only original hard copy and they are no longer able to help me.

    So, my wife went to the County to request this lien release only to find out that the County has not received anything from my mortgage company.

    Basically, my mortgage company is giving me the runaround. I have spent a couple months on the phone with them and getting nowhere. How do I get them to remove the lien?

  2. #2
    Join Date
    Mar 2013
    Posts
    18,340

    Default Re: Mortgage Company Can't Find and Unable to Deliver Release of Mortgage

    With a lawyer.

    Unfortunately.

    Maybe it's a warning. Since your house is already paid for, don't encumber it with debt again.

  3. #3
    Join Date
    Nov 2013
    Posts
    7,056

    Default Re: Mortgage Company Can't Find and Unable to Deliver Release of Mortgage

    Maybe he needs the money to back up a construction contract.

    https://www.expertlaw.com/forums/sho...d.php?t=222563

    Kill two birds with one stone, contract and mortgage. You need a lawyer.

  4. #4

    Default Re: Mortgage Company Can't Find and Unable to Deliver Release of Mortgage

    No, they are two separate issues.

    The contract is someone paying me, not the other way around. The HELOC is to make future investments as I see fit.

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