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Home Equity Loan - Beware of the lingering lien!


A problem that often arises when people try to refinance their home is the discovery of a pre-existing lien from a previous loan that was not removed by the lending company. The cost of removing a lien and returning the title to the homeowner, a process known as reconveyance, is usually included in fees associated with a home equity loan. When the loan is paid off, the lender is generally responsible for removing the lien, so that public records show the property to be unencumbered.

There are various reasons for why the lien isn't always removed - oversight on the part of the lender, especially during heavy periods of refinancing, is often the problem. Occasionally, the problem can arise when a lender is sold to another company or when that lender goes out of business. No matter what the cause, a lien that hasn't been removed can come back to haunt a homeowner.

If a homeowner is in the process of refinancing a home and discovers an old lien that hasn't been removed, the entire refinancing process can be held up for weeks. This can be critical if the owner is trying to lock in an interest rate prior to closing. The problem can also arise when a homeowner is trying to take out another home equity loan, perhaps to facilitate debt consolidation or home improvements.

Here are a few things you can do to avoid this problem:

  • Get a copy of your credit report. If there are any errors, particularly errors showing an open line of credit or a home equity loan that has been paid off, contact your lender.


  • Keep your paperwork from all real estate loans, even if you have already paid them off. Then you will have them at hand should you need to demonstrate that you have fulfilled your obligations.


  • If the lien shows up on public records or a credit report, but the original lender says that you have paid it, have them send you a copy of their documentation regarding your reconveyance.


  • As with most issues that come up when financing or refinancing a home, this one can be resolved by remaining diligent and keeping proper paperwork. As always, it's a good idea to check your credit report regularly, particularly if you plan on taking out a loan in the near future.

    ©Copyright 2005 by Retro Marketing. Charles Essmeier is the owner of Retro Marketing, a firm devoted to informational Websites, including End-Your-Debt.com, a Website devoted to debt consolidation information and HomeEquityHelp.net, a site devoted to information on home equity loans.


    MORE RESOURCES:

    Housing Wire

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    MonitorBankRates.com

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    Fox News

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    International Business Times

    FOX 11 News Discussion: State of the Union
    MyFox Los Angeles
    And he aimed a pitch at homeowners, announcing a new mortgage refinance program with "historically low interest rates" that "gives every responsible homeowner the chance to save about $3000 a year on their mortgage." He added, "A small fee on the ...
    Winning Words, But Not a WinnerU.S. News & World Report
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    CBS Local

    Six Questions on Obama's Mortgage Refinance Proposal
    Wall Street Journal (blog)
    By Nick Timiraos President Barack Obama said Tuesday night in his State of the Union address that he would send a plan to Congress to allow all homeowners who are current on their mortgages to refinance. Here's a quick look at the proposal: How is this ...
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    KOMO News

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    AgedLeadStore.com to Add 1100000 Aged Mortgage Refinance Leads
    Middle East North Africa Financial Network
    COM, January 26, 2012 ) Baltimore, MD AgedLeadStore.com is increasing its value for its customers by adding 1.1 million aged Mortgage Refinance Leads in February. This is important as many people depend upon their ability to refinance to make progress ...



    High Volume Stock Movers: Bank of America, Sprint, Cisco, Annaly, Sirius Feb. 8th
    Wall St. Cheat Sheet
    By Derek Hoffman Bank of America Corp (NYSE:BAC): The US's Home Affordable Refinance Program has increased mortgage refinance applications and strained capacity at Bank of America, leading the bank to ask some customers to wait 60 to 90 days, ...



    New HARP Could Help Up to 6.7 Million
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    Other changes to the program were designed to make it easier for homeowners with private mortgage insurance (PMI) to refinance or to obtain a HARP mortgage refinance with a lender other than their current mortgage servicer. In addition, new limits were ...

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    Boehner On Refi Plan: Bad Idea, Obama!
    Mortgageorb
    by MortgageOrb.com on Thursday 02 February 2012 Any hope for bipartisan support of President Obama's mortgage refinance proposal was squashed by House Speaker John Boehner, who dismissed the new initiative as a continuation of failed policies.

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