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I have been trying to refinance my home since February of this year. I have everything done. My credit is approved. I have not been able to close because my neighbor's land description has my lot number on it. Her title or mortgage company put my lot number on her land description in error. The name of her mortgage company is Carrington Mortgage and they are in California. They have been terrible to deal with. This has been a complete nightmare. I did not know this kind of thing could happen. The only thing that has gotten Carrington to take any action at all was when I filed a formal complaint with the Office of the State Bank of Commissioners for the State of Kansas. Carrington does not seem to want to fix the problem. Carrington seems to want to pass the buck. Make the title company fix the problem. Make anyone but Carrington fix the problem.
Have you ever experienced a problem like this? Do you have any advice for me?
The only saving grace is I am only doing a refinance. If I had had my home up for sale, I feel I would have lost the sale because of how long it is taking to get a clear title.
I suggest you hire an attorney to send a letter to Carrington; nine times out of 10, that will do the trick. They don't want to be sued for thousands of dollars. Trust me, this should work and should not cost you all that much money - maybe 250 - to get this problem solved.
Sorry for your situation. So stressful!!
Thanks, Kelli. I will let you know what happens. That will be the next thing I do.
It is a matter of filing the right documents with the right people. In this instance it might be the Clerk of Court or your County Tax People. You would need to file something like (Example:) Notice to Correct Land Description. Do some google searches and see if you find any info.
You realize, your Mortgage is filed in Official Records with your friendly Clerk of Court. A good place to start would be to look at that official record. Then find the mortgage for your neighbor. If you get the right style, try filing a Notice to Correct Land Description yourself. If it goes well, then do the Order for the Judge to sign.
This is the basic idea of what will happen.
Thanks for your input, Mary. I cannot do anything because it is not my mortgage. It is my neighbor's mortgage/land description that is causing the problem. It is still not fixed. I have been working on this and ready to close since February of 2015.
I am happy to report my title is finally clear. It only took from February of 2015 to today, July 17, 2015. What is that, 4 1/2 months of calling weekly, sending a certified mail demand letter, and filing a formal complaint with the Office of the State Bank Commissioner of Kansas. The title company had to file the corrected mortgage three times with the county clerk to get it right. Wouldn't you think a title company would call to find out what they needed to do to get it right the first time? Our clerk actually answers the phone.
It's amazing how incompetent/lazy some people can be. They just show up to collect a paycheck. So frustrating. Glad you finally got it all worked out, though. I'm sure it's a huge relief. Now Refi!!!
Yes, Kelli, HUGE relief. It was such a worry. It is crazy to think some little clerical error was not fixed and I had no financial control over my home, my biggest asset. Very scary. Glad it's over.