[WSBARP] Need to clear off of title an old (2006) DOT securing Note paid off (in 2010)

Stephen Crane scrane at cranedunham.com
Tue Apr 19 19:04:45 PDT 2022


Good afternoon,Real Property Listserve Members.

My client, before he came to me, started 4 months ago trying to get a refi
of a 2005 loan.

The preliminary title report (Chicago Title) shows a 2006 Deed of Trust
originally in favor of Decision One Mortgage for $88,000  with Transnation
Title as Trustee, and its subsequent assignment to Bank of America in 2010.
The client paid off the loan around 2012, but has no saved paperwork
showing it was paid off.

Bank of America told the client that it could not reconvey the DOT without
sign off or approval by the (former) loan servicer,  "Ocwen".  The client
has been unsuccessful in getting a positive response from Ocwen, because it
says that it can not find any records whatsoever that it ever serviced the
2006 loan for either Decision One Mortgage or Bank of America or anyone
else.

Meanwhile, the pending refi sits, as interest rates continue to go up.

Has anyone had experience with a similar DOT situation?
What is the best, a/k/a fastest, way to get the DOT removed by the title
company when the lender says it requires an ok from the servicing company
and the servicing company won't act because it can't find the file?
Who is a contact at Bank of America that might be able to make something
positive happen?

Thanks in advance, as always, for your thoughts and suggestions!

Steve Crane

*Stephen J. Crane*

*CRANE DUNHAM PLLC*

*3600 15th Ave West, Suite 200*

*Seattle, WA 98119 *

*phone: (206) 292-9090
<%28206%29%20292-9090>  email: scrane at cranedunham.com
<scrane at cranedunham.com>*

*fax: (206) 292-9736 <%28206%29%20292-9736>     web: www.cranedunham.com
<http://www.cranedunham.com/>*



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