What to do if our mortgage company went out of business and we never received anything to tell us who took over our loan?

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What to do if our mortgage company went out of business and we never received anything to tell us who took over our loan?

I called the old 800 number and spoke with a gentleman that said the president of the company was retaining our loan and he was going to handle it for him. He said he was a mortgage broker and said he would send us a welcome package and payment book. We had missed some payments so we agreed to send him $3000 and then the $1200 payment for the next month. We never received a welcome packet, and when I tried to call him I always got his voice mail and never a call back. We stopped sending any money to him and have never heard from him again. We googled the address for his company and it came back a home address. This all took place over 2 years ago and still have not heard anything from him. How do we find out who holds the note for our loan and what to do about the fact that we have not paid any loan payments for over 2 years? We are paying the taxes so they don’t get behind.

Asked on October 3, 2012 under Real Estate Law, Colorado

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

If a mortgage company wants to protect their security interest, they usually file a notice of lien in the county clerk's office where the property is located.  So your best starting point is to go to your county clerk's office and ask for the person that helps people look up "deed" information.  They can tell you if the lien was recorded and who still holds the mortgage, at least according to their records.  The filings usually have basic information like the name of the company.  With the name of the company, you can contact the Secretary of State and see if they have an authorized agent listed that you can get in contact with.


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