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    gdanzig1280's Avatar
    gdanzig1280 Posts: 2, Reputation: 1
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    #1

    Aug 24, 2010, 03:20 PM
    How to remove a lien from my home
    I have 2 liens put on my current home from 2 previous homes that were repo'd. I am trying to refinance my current home at a lower rate but the liens prevent another bank from getting the title. My current bank is not a lender, I don't know what this is all about I just know they bought my mortgage and they don't refinance. I can not contact either bank because they have made it impossiable and the liens are for more than the homes were purchased for but both have been sold. Can I get these liens removed any other way except to pay them which I could not do if I wanted to because I can't contact the banks that repo'd them and the amounts are huge. Also how can the liens so big? If I paid for the entire house and all the fees they would have to give me the homes they sold already. Is there someone I can contact for the resolution?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Aug 24, 2010, 03:26 PM

    SHort answer is NO... the only people that can get a lien removed are the people that placed it there in the first place... because you owed them money. Why are they not entitled to what you owe them? After all, you defaulted on them, not the other way around and incidentally, they can only take the amount of the lien, any excess in the sale of the house would be yours. THey just have first dibbs legally on the proceeds, and in fact can prevent you from selling it for less than the lien amount.
    gdanzig1280's Avatar
    gdanzig1280 Posts: 2, Reputation: 1
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    #3

    Aug 24, 2010, 04:30 PM

    They are entitled to what I owe them but they want the purchase price plus fees, that's math 101 right there NOT GOING TO HAPPEN. They sold the house, they got some money, I owe them the remainder not the full price. I am refinancing not selling my home so there is nothing to get profit from.
    There are ways around this and I need some advise not opinions please.

    If Sex Is A Pain In The ***, Then You're Doing It Wrong...
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Aug 24, 2010, 05:29 PM

    What you want and what they are legally entitled to can be two different things. They are legally entitled to the amount of the lien placed on your house. That will clearly be quantified on the leins.

    You are asking for advice on how to cheat someone you owe a LOT of money to.

    You want to get around this then pay them what you owe them. There is no other way.

    You will owe then fees in excess of what you think the loan ammounted to. They are entitled to recover costs incurred by your default (s) as in plural.

    That isn't my opinion that is fact. That house will never be gifted, sold, transferred or put in a trust... without the lien holders getting their money first. Sorry but that's how leins work. And since that lien is recorded... YOU can't do anything to change it except paying it off and what is owed in its entirety which in case you aren't aware can possible amount to more than the house is worth. They proved the amount you owed them when they got it recorded against the deed.

    Legally that lien will be there until that debt is satisfied. There is a reason you can't refinance with another bank... its so you #1 don't take a dime of equity out of the house until the debt is satisfied.. (that equity is theirs as long as they own that lein)... and if you understood the refinance process at all you would understand why what YOU think it is, is very far from what it actually is. And the paperwork involved.

    Houses aren't reposessed... they are Foreclosed upon. Its important to understand what each means.

    After all THEY own the mortgage, they own the leins which obviously are substantial, they call the shots. Good luck finding anyone that will loan you enough to pay the loan and leins off with two forclosures on your record.

    That's fact... not opinion. You are a high risk borrower at this time. The rules of the game have changed radically in the last several years. You aren't getting 100% interest only no cash down loans anywhere today. With two forclosures you are not going to get the best rates that are reserved for people with stellar credit, You will be several points higher than those rates.

    I know people in your boat... you are far from being alone. But these are NOT unsecured loans... you can't walk away scott free.

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