Dear Superstars, does anyone have a contact at Wells Fargo that I could push my case to?  We were slated to close a s.s. on 8/31 with the approval deadline set at 10/1 (FNMA is the investor).  There was an unreleased lien on the property that everyone knew about and the title insurance company said that they would insure without exception.  Three days before settlement the title insurance company reneged and said they would not insure, and the settlement is now stalled.  Apparently my seller bought her home from someone who had their loan with Wachovia.  At settlement, payoff was sent to Wachovia ($270,000) and the check was cashed, but it was not recorded against the lien, so the lien now appears unpaid and is unreleased.  Attorneys in this first closing sent WF a demand letter to release the lien but WF has responded that they refuse to release.  They indicate that this could take 6 months to resolve.  The buyer is now scared stiff and is ready to breech the contract.  Should this end up in foreclosure the lien will be released anyway and should be since it was paid to the bank.  Thanks for any feedback!

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Brenda,

 

Why isn't your title company contacting the title company that paid off the lien that is still showing. If a title company pays off a lien and insures that transaction then they a have a fiduciary responsibility to obatin that release.

Phil, thanks for your post.  My title company did contact the first title company.  First title company's attorneys sent demand letter to WF (that's how we know that WF refused to release).  They are filing suit against Wells Fargo.   Also, my client made claim on her title insurance policy.  I am trying to speed things along as we are about to lose buyer #2 and our Short Sale Approval expires 10/4/2011.  The attorneys from the first title indicated it could take 6 months to resolve.  In the meantime, my seller is in foreclosure but no date has been set.  It has been over a year since she has made a payment.  I am afraid that 6 months will really push the envelope even though WF is at the center of this mess. Sometimes the left hand doesn't care what the right hand is doing :)

 

Also, I have reached out to my short sale negotiator in this case but she has not responded.

Brenda

800-853-8516 is the number I have for the Office of the President of WF Home Mortgage.  Kevin Kreis is the Executive Mortgage Specialist that helped me out,  His extension is 46809.  His hours are M-F 8a to 5p Central time.

Kevin contacted me in response to the complaint I filed against WF with the Office of the Comptroller of Currency.  The OCC is part of the Department of The Treasury and the governing body of all national banks and mortgage servicers, including WF. WF had been stalling my short sale approval for close to 90 days when I filed the complaint.  Within 2 weeks of filing the complaint, WF was asking me what day I wanted to close and I had my approval in hand. 

I'm thinking if you were to contact  this guy and tell him your client is prepared to filed a complaint with the OCC he might be willing to work with you to avoid another complaint.  In the meantime, check out the OCC website at www.helpwithmybank.gov.  Filing the complaint took less than 10 minutes and didnt cost a cent.  I just wish I had found this out a year ago.

Good luck to you, I hope it works out well for you and your seller.  Its taken me almost 2 years, 3 buyers, 2 real estate agents, 2 different attorney's, hours of research and countless gray hairs to get this far.  Keep your fingers crossed for me, we are scheduled to close this Thursday.

Thanks Tanya!  Just what I wanted!  I will keep my fingers crossed for you for Thursday - unbelievable the amount of time you have invested and dedicated to this client!

Your Welcome Brenda, good luck to you!! 

BTW, I am the client.  I am the seller.  But I have done a ton of my own research and have learned a lot from this forum and am glad for the opportunity to give back.    I have had people tell me I should go into "the business" but I hope to never have to go through this nonesense again.

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