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  1. #1
    Join Date
    Aug 2017
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    Default Full Reconveyance from Mortgage Company

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

    Mortgage on property was sold to Nationstar (dba mrcooper.com) with 3 years left.
    Over the course of the 3 years mortgage all payments were made and full reconveyance was received.
    During the 3 year period Nationstar made account # and/or accounting errors applying credits and deductions which were deemed to be resolved at the end of the mortgage.
    Approximately a year after receiving full reconveyance, mortgage company claims they made mistakes and mistakenly credited our account and subsequently put a lien on property and stated that there was a balance due.
    After multiple attempts to get proof and a clear statement of what was due and why, they have apparently deemed the issue resolved and subsequently again issued a notarized full reconveyance.

    I also received a transaction history showing payoff with zero balance.

    Is there any additional documentation that I should request to make sure there are no issues with ownership or title aside from the full reconveyance?

  2. #2
    Join Date
    Mar 2013
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    18,340

    Default Re: Full Reconveyance from Mortgage Company

    Quote Quoting zsteve
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    Is there any additional documentation that I should request to make sure there are no issues with ownership or title aside from the full reconveyance?
    All I can suggest is that you obtain certified copies of the recorded documents and that should do it.

    Though there really is nothing to stop any mortgage company from doing something like that unless you want to litigate to fight a lien. The cost of litigating likely to outweigh any amount that they say you owe.

    Now that your house is paid for avoid the mortgage industry vultures in the future.

  3. #3
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    Jul 2018
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    Default Re: Full Reconveyance from Mortgage Company

    Quote Quoting zsteve
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    full reconveyance was received.
    During the 3 year period Nationstar made account # and/or accounting errors applying credits and deductions which were deemed to be resolved at the end of the mortgage.
    Approximately a year after receiving full reconveyance, mortgage company claims they made mistakes and mistakenly credited our account and subsequently put a lien on property and stated that there was a balance due.
    After multiple attempts to get proof and a clear statement of what was due and why, they have apparently deemed the issue resolved and subsequently again issued a notarized full reconveyance.
    This is a little confusing.

    First you wrote that a "full reconveyance was received" (and, presumably, recorded).

    But then you wrote that, a year later, the mortgage company "put a [new] lien on [the] property." What sort of lien was this, and how was it "put . . . on [the] property"?

    But then the mortgage company "issued [another] full reconveyance" (which again, presumably was recorded).

    So you've got the original deed of trust, a reconveyance, a new lien, and a second reconveyance.

    Correct?


    Quote Quoting zsteve
    View Post
    Is there any additional documentation that I should request to make sure there are no issues with ownership or title aside from the full reconveyance?
    Do you have the original recorded reconveyances -- both of them (they should have been prepared such that, following recording, they were mailed to you)? If not, you might want to purchase an encumbrance report from a title company (and that might be a good idea even if you have both recorded reconveyances).

  4. #4
    Join Date
    Aug 2017
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    5

    Default Re: Full Reconveyance from Mortgage Company

    Thank you for the help and advice. I've tried twice over the last two days to post directly pictures or links to pictures of the documents, but each time the post is flagged for moderator approval and does not go through. I'll try to send a link to pg1067 via messaging on this site.

    09/29/2017 Mortgage company sends statement showing property paid off.

    10/06/2017 Full Reconveyance Received and recorded
    10/06/2017 Substitution of Trustee Received and recorded text reads "substitutes Nationstar DBA Mr. Cooper as Trustee"

    12/06/2017 Mortgage company starts multiple "payment reversal" transactions creating balance due situation

    12/28/2017 Mortgage company AGAIN has statement showing property paid off.

    03/14/2018 - 06/05/2020 Mortgage company AGAIN starts multiple "payment reversal" transactions creating balance due situation

    06/05/2020 Full Reconveyance (9:39am STAMPED)
    06/05/2020 Rescission of Full Reconveyance (12:38pm STAMPED)

    06/17/2020 Bill received Payment Requested ($4193.08) Called and asked for documentation asking why if the property has already been paid off

    06/24/2020 Mortgage company AGAIN has transaction history showing property paid off.

    07/06/2020 Letter received including payment history from 2017 through 2020 including payoff.
    07/06/2020 Copy of Full Reconveyance (06/05/2020 9:39am)

    There is no explicit lien document that I am aware of. Letters included from the mortgage company say they include a "Lien Release" but actually include a Full Reconveyance document.

    Just this morning I realized that the mortgage company sent me the 2nd to last recorded document (Full Reconveyance) to make the situation appear resolved, but the subsequent and last recorded document is the Rescission of Full Reconveyance.

    Is there a reason why the mortgage company would record a Full Reconveyance and then 3 hours later record a Rescission of Full Reconveyance?
    The last chronologically recorded document is the Rescission of Full Reconveyance.

    it would seem that they want me to believe things are final when they are actually not.

    Link to images of documents (replace asterisks with dots) -> photos*app*goo*gl/wXwLHYNY4PseWiyUA

  5. #5
    Join Date
    Jul 2018
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    2,745

    Default Re: Full Reconveyance from Mortgage Company

    From this timeline, it seems that the statement in your original post that the "mortgage company . . . subsequently put a lien on [the] property" was in error.


    Quote Quoting zsteve
    View Post
    Just this morning I realized that the mortgage company sent me the 2nd to last recorded document (Full Reconveyance) to make the situation appear resolved, but the subsequent and last recorded document is the Rescission of Full Reconveyance.

    Is there a reason why the mortgage company would record a Full Reconveyance and then 3 hours later record a Rescission of Full Reconveyance?
    If I'm understanding the timeline correctly, there was no need for the second reconveyance, so maybe that's the reason. Whatever the reason, though, it sounds like the lien has been removed. If you're concerned, then my prior suggestion that you purchase an encumbrance report from a title company remains a good one.

  6. #6
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: Full Reconveyance from Mortgage Company

    If you really want to know, order a proper title search rather than relying on trying to interpret some report using second hand advice.
    If you want to really be sure, obtain title insurance to warranty the results of that search.

  7. #7
    Join Date
    Jul 2018
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    2,745

    Default Re: Full Reconveyance from Mortgage Company

    The following is taken from the other thread you started on this same topic.


    Quote Quoting zsteve
    View Post
    Question 1 : It was suggested to me to obtain an encumbrance report, but should I ask the mortgage company for another subsequent recorded Full Reconveyance (with a later date) first?

    Question 2 : In California, should I have been given a Trust Deed Document also from the mortgage company since payoff?
    1. No.
    2. No.

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