From a blogpost at Naked Capitalism
I have family experiencing the same. here’s what I learned.
For what it’s worth.
Prepare for a battle that’s going to last at least six months.
However, Forget the lawyer, do your own leg work first. get your head around what’s real first.
Quicly take responsibility. Mark your calender, The next steps are absolutely critical, you must make the bank establish rightful intrest of your title any and all liens to the property. Period.
But run,don’t walk to your county property registrar. Take two witnesses who will testify as being present,have copies of Picture Id. Past tax bills, utility bills, all paid and stamped paid, present them to the county court houseclerk of property registrations, ask for and secure valid stamped, dated and witnessed copies of your property’s registration, taxes paid, all liens registerred and released, and releases from your first to last of mortgage of the property as released to you; including the refinanced mortgage and most especially the releases of all the release of liens on the property and a current registration of the current loan, tax id and lien holder claiming to be holder of your mortgage.
Make copies of everything, including closing papers….got it…everything and secure them in a savings deposit box. keep 1 for a private desk file and quick access, scan another and file as an un-editable PDF file, burn a digital copy disc’s,a store PDF file on desktop file and on-line Internet file system such as Mozilla.
Once the above is done, you can take the next step.
Submit by courier, a registerred letter, return receipt requested, by snail usa mail to the loan department of your bank requesting title and written response from the bank.
Do not under any circumstance threaten suit or legal action. Your letters will establish your legal request to get a copy of the title. Give them 10 business days to respond by written letter from an registerred officer of the banks loan department.
Failing their response, send them another letter of request of copy of your title. remind them of the 1st request. Give them 10 business days.
Failing that, file your own legal subpoena in the county court house for the banks property records from the mortgage lender. You still have not threatened anybody.
take personal responsibility. do not however, I repeat do not make the mistake of witholding your mortgage payment. That takes the focus off what needs to get done. Simply get your ducks in a row.
Subpoena the bank until your satisfied.
If they fail that, now you can go to AG, ask the AG to subpoena on your behalf, exhaust all options. Proceed in the same manner as above. Pay attention to the calender and don’t let up, for any reason. your goal is to establish your title. Period.
Tax Day at the Homestead
10 months ago