Missing Lien Releases

By
Mortgage and Lending with Right Trac Financial Group, Inc., NMLS# 2709 NMLS #1012303

I was scouring a search engine for a topic to blog about yesterday, and I was surprised to find that there are a number of patent applications pending for software that would track releases of all types of liens on closings.  I know there are some regional and national companies in place now that are primarily used by title insurance companies to track down releases of various liens after a closing for which the particular title company has issued a title insurance policy.  Missing releases have always been a problem and will delay closings in most circumstances until the lien holder can be tracked down.  Actually some of the most difficult releases to get can be tax lien releases from the IRS.  They always seem to take forever and are the most scarry for an attorney to deal with, but the lien holder is easy to find, it is just a need to be persistent to get the release out of them.

In any event, I do not see the need for fancy software to track releases. It can be done by using a diary system that is standard with any office type software.  The problem is and always has been with computers, when you put junk in you get junk out.  These people who are developing new software still need to rely upon closing agents, attorneys, title companies, etc., to provide information to them.  If they don't get the correct information they may never find an appropriate release.

There are laws, such as here in CT, that requires a lien holder to furnish a release within a certain amount of time after the lien is paid off.  The laws are largely ignored and have no teeth for enforcement.  Having been involved in selling REO propertioes for a few years, the biggest problem I encountered was missing releases.  Buyers' attorneys or title comp[anies will usually insist on some evidence of payment of the old unreleased lien if an actual release cannot be found.  They need to protect themselves, that is understandable.  If only lien hoilders would be more cooperative.

Posted by

Your Dedicated Mortgage Consultant!

Randy Kirsch, NMLS #1012303

Right Trac Financial Group, Inc. NMLS #2709

110 Main St.

Manchester, Ct. 06042

Office: 860 647-7701 X120

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Email: randy@righttracfg.com

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The blogs written and published by Randy Kirsch are not in any manner whatsoever to be considered as legal advice or as a legal opinions.  If you have legal questions or concerns regarding any area of real estate law or mortgage law you are advised to consult a licensed, competent real estate attorney in your local area to address your concerns and questions.

 

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Comments (2)

Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

Good morning Randy. I cane remember many situations that title searches showed missing releases and often it would turn into a real problem. The companies that around these days that follow the releases is a much better system.

Nov 05, 2014 06:53 PM
Randy Kirsch
Right Trac Financial Group, Inc., NMLS# 2709 - Manchester, CT
(NMLS# 1012303) Your Dedicated Mortgage Consultant

Yes Joe, it appears that there is a better system in place today.  Previously, back in the day, the problem was usually the attorney who did the prior closing who was either retired or dead.  I was just amazed to see that there are guys still trying to patent software to set up tracking system when that is basically a system that is not at least 4-5 years old.

Nov 05, 2014 07:28 PM

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