Need help finding my lein holder.

ChazzieT · ‎03-10-2020

I bought a house, here in Texas, in 2005 with an 80%/20% loan.

A month later, I hurt my knee and wasn't able to work. I fell behind on both mortgages.

The 80% lender worked with me and I got current and stayed that way.

The 20% lender refused to take my payments (once I was able to start paying again) and charged off the loan and sold it to a collections agency. It has since fallen off my credit reports.

I received two or three notices from the collections agency and then, nothing.

I now have checking/savings and a credit card with the 20% lender and I added the old mortgage account to my online profile, but it shows up as "No Information Available".

I called the number on one of the collections notices and poke around online and it seems that the collections agency is out of business.

I'm considering refinanceing and don't even know where to begin to find out what happened to this lein and whether I can pay it off/settle it/forget it ever heppened.

Can any one offer any suggestions about how to research this without raising any red flags or poking any sleeping bears?

Anonymous · ‎03-10-2020

Liens are public records. Check the county.

ChazzieT · ‎03-11-2020

Thanks @ Readyformyhome , I did and also had a title company check and all I've been able to find is stuff for the original 80% lender. Does that mean I'm 100% in the clear on the 20% mortgage?

JVille · ‎03-11-2020

how long ago? And what state? It was a Conventional Loan, correct?

ChazzieT · ‎03-11-2020

@JVille wrote:
how long ago? And what state? It was a Conventional Loan, correct?

2005 (Collections on the 20% loan fell off my CBR's in 2013)

Texas

80/20

Anonymous · ‎03-12-2020

Hmmm that's interesting. It's possible they didn't file a lien but seems unlikely. If even a title company can't find it, it seems like you might come out okay but I think the refi app will ask about any obligations not on your credit report and you'd have to answer truthfully. Maybe talk to a lender and get their take.

Anonymous · ‎03-14-2020

@ChazzieT wrote:
I bought a house, here in Texas, in 2005 with an 80%/20% loan.

A month later, I hurt my knee and wasn't able to work. I fell behind on both mortgages.

The 80% lender worked with me and I got current and stayed that way.

The 20% lender refused to take my payments (once I was able to start paying again) and charged off the loan and sold it to a collections agency. It has since fallen off my credit reports.

I received two or three notices from the collections agency and then, nothing.

I now have checking/savings and a credit card with the 20% lender and I added the old mortgage account to my online profile, but it shows up as "No Information Available".

I called the number on one of the collections notices and poke around online and it seems that the collections agency is out of business.

I'm considering refinanceing and don't even know where to begin to find out what happened to this lein and whether I can pay it off/settle it/forget it ever heppened.

Can any one offer any suggestions about how to research this without raising any red flags or poking any sleeping bears?

You need to talk with a real estate lawyer about an Action to Bar Claim. This is a petition to the Courts asking that an ancient lien be removed by Court Order. You and your attorney will need to show that you have made a diligent search to try to find the lienholder or its successors and that since they cannot be located they cannot be paid and since hey cannot be paid the lien is an obstruction to the Title.

ChazzieT · ‎03-18-2020

@Anonymous wrote:
You need to talk with a real estate lawyer about an Action to Bar Claim. This is a petition to the Courts asking that an ancient lien be removed by Court Order. You and your attorney will need to show that you have made a diligent search to try to find the lienholder or its successors and that since they cannot be located they cannot be paid and since hey cannot be paid the lien is an obstruction to the Title.

This is what I was hoping to hear from someone. It gives me an actual path to get this taken care of. THANK YOU SOOOOO MUCH!!!

It's looking like I will have plenty of time off, in the next few weeks, to get the ball rolling on this.

Now can anyone offer any suggestions about how to go about finding a good real estate attorney here in Houston, Tx?