What if I want to refinance but can’t because the title company never recorded my mortgage or the county indexed it incorrectly?

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What if I want to refinance but can’t because the title company never recorded my mortgage or the county indexed it incorrectly?

Title company doesn’t exist any more.

Asked on August 20, 2011 New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the title company never recorded the mortgage on the real property that was to secure the promissory note for your loan, the loan is not secured. If this is true, you need to contact the lending institution holding the loan that is unsecured about the issue and the desire that you want to refinance the loan.

Assuming you make contact with the lending institution holding your loan, you need to have the trust deed recorded on your property so that it will be of record and so you can start the refinance process.

Since the failure to record the trust deed when you received the loan is so unusual, you probably should consult with a real estate attorney about the situation you are in to safeguard your interests.

Good luck.


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