[WSBARP] Old HELOC blocking title

Jan Kelly jan at jankellylaw.com
Mon Oct 4 14:07:15 PDT 2021


Fellow list mates:

My client is selling real property from an estate. There is a title
exception for a very old HELOC that was most likely paid off, but no
reconveyance was recorded.  I received the following from the title
company; does anyone have a recommendation short of a quiet title action?
The Closing is suppose to occur in about one week.

"We are still pending documentation to clear par 7 on the title report that
shows the HELOC on title. It appears it may have been paid off by the
Washington Mutual Line of Credit, which is now Chase. I have reached out to
Chase to see if they could provide documentation showing the old HELOC
being paid off and they were unable to locate any documentation on this due
to the fact that It was originally with Washington Mutual Bank and how far
back this was dated. I have also attempted to reach out to Fidelity
National Title, who was the trustee on the original HELOC, to see if they
had any record of the reconveyance, and they did not. We will need
documentation, from Washington Mutual or Greenpoint Mortgage, either a
closing letter, statement or something showing this paid off, which would
of been provided if this was closed. We have to have some sort of
documentation for this in order to proceed with closing as we have not been
able to obtain documentation from the associated parties."

-- 


*Jan Kelly, JD/MBA*Attorney at Law

JK Law
PO Box 1964
Poulsbo, WA 98370
Direct Line (702) 338-6733
Facsimile (360) 779-2265

*Licensed in Nevada and Washington*.


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