Q: Bankrupt Rescap failed to file Mortgage Satisfaction for loan pd in 1999, who should we file motion against?
Ocwen has a record that it's paid, but won't give us a copy of it. Title company requiring satisfaction and payoff check to release funds, they are not available to us, Mom is deceased. Title company knows that ResCap/GMAC went bankrupt. Ocwen has no legal obligation to provide a satisfaction since it's before 2013, but stated in correspondence that the loan was paid in 1999 and that the Title Company could accept that GMAC/RCF is a defunct entity, however, the title co is choosing not to do this. Can I use this info and compel them to accept this and release our money? OR would we have any course of action against the title company that was on the Assignment of Mortgage from Columbia Equities (also defunct) to Residential Funding Corp (Commonwealth)? OR should we file a motion to compel Ocwen to furnish the proof of the payoff from their records? Thank you.
A: If I understand you post correctly, you may need to do more than file a motion in bankruptcy court. Instead you may have to commence an action to quiet title.
Jonathan David Warner agrees with this answer
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A: There is a type of Supreme Court case for ancient mortgages like this. It is not a motion but a case.
Jonathan David Warner agrees with this answer
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A:
There's no Motion to file if there is no actual case... Is there currently litigation involving this property?
For what it's worth, this is an extremely subtle, complicated inquiry. Your best bet is to sit down with an attorney and obtain an opinion regarding what can be done, if anything, and how.
Good luck.
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