Legal Question in Real Estate Law in Indiana
Mortgage payoff
We paid off our house mortgage a few yrs. ago and after paying the last pmt. the mor. Co. called us to verify our address saying that they had some important papers to send us which they never did. I called them some time later only to find out they had been bought by another Co. that I also called only to find out that they knew nothing abt it.
To this day I have nothing to show that we in fact own our home. Shouldn't they have sent us a deed or title or something showing we are the owners of our home and owe nothing on it?
1 Answer from Attorneys
Re: Mortgage payoff
You are entitled to a Release of Mortgage. Check at the Recorder of Deeds Office in your county. Sometimes, mortgage companies record them upon final payment. Although the Release should have been sent to you, sometimes that doesnt happen. If yours is recorded, this is easy. Have your tax id ready and contact the Recorders Office. Ask if there is a Release of Mortgage. If there is, ask for a copy.
If not, you are going to need to contact that successor company and stay on top of them until they provide it to you. If they dont, you will need to get a copy of the last written startement that you received from them showing the balance owed and copies of every payment that you made after that statement. You will need to hire an attorney and sue to Quiet title. I beleive, but am not positive without doing some research that you will be able to obtain reimbursement for attorneys fees.
Also, if the mortgage company does send you one, and it has not been recorded, you need to record it at the Recorders of Deed's Office.
Good luck.
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