My first mortgage was never recorded which was taken out back in 2003. I recently discovered this when I was trying to remodify my mortgage, I do have a second loan. If I were to sell my house without mentioning the first mortgage would the title company become aware? Thank you/
2 Answers from Attorneys
You will still be liable on the first mortgage and the lender can sue you because you were aware of the first mortgage. The title company only is aware of what is recorded in public official records. If something does not seem right, they may inquire further by questioning you.
They could, and you may have to prejury yourself in the process. On top of that, you will get sued. So, not a very good idea.