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Is this a unrecorded mortgage lien

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    Is this a unrecorded mortgage lien

    We had our 341 meeting on May 2. The trustee ask that we provide a copy of the Deed of Trust for our property. THe first listed our 1st mortgage company. The second mortgage named our 1st mortgage company (BOA) and not the name of our second mortgage company Citi. Boa has never had anything thing to do with second. Citi is not listed at all. Next question-Is this going to be a problem. We have asked to reaffirm both mortgages but haven't received a response. I'm afraid this may make me have too much equity if the second isn't valid.

    #2
    The Deed of Trust and recorded mortgage documents are 2 separate documents (at least in my state), so your post is a bit confusing to me. If the 2nd didn't record their mortgage then yes, it could be deemed an invalid lien. If that does occur then make sure your attorney exempts what they can of the equity that is created by invalidating the lien.
    Filed Chapter 13 02/2006 - Confirmed 05/2006 - Discharged 09/2011
    I'm not an attorney. My replies are merely suggestions or observations, not legal advice. As always, consult with an attorney before making any decisions.

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      #3
      Go down to your local court house (or get online if your county allows searches), run your name, and find out if the second mortgage is recorded in the Official Records against the legal description for your house. Sometimes you may mortgage with Citi, but they sell and assign to BofA or vice-versa.

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