HELP! HELOC recorded 2X by GMAC in error/trying to sell property

4 Replies

A HELOC on my house in New Jersey was recorded twice in error with the county. Same Account #, same amount, one month apart. Now I'm under contract to sell this house, this is the last obstacle. I have contacted the company that took over for GMAC, OCWEN, they said they do not service this loan, so they can't help. The mortgage was taken over by Specialized Loan Servicing (SLS), I have spoken to them and sent paperwork showing the error, they are still reviewing it, but they do not sound like they can help. I contacted the county, they can't help. Where do I go from here?  My attorney's office has also contacted the Office of Consumer Ombudsman, but that could take weeks. Any ideas on where to go next? Who would have information from the old GMAC Mortgage?

@Cathy McCormick I'm not sure if you've resolved this or not but I'm not sure why it matters if it was recorded twice. As you say, both recordings have the same account number so the release from the mortgage company should cover both. At least that's how I would interpret it. Is the title office saying this is an issue?

@Anthony G Yes, if the duplicate recorded lien is not removed before the closing, the amount of the mortgage will be held in escrow until it is resolved. I have escalated this to the current servicer of that mortgage, and hope they can help me. I’m keeping my fingers crossed!

@Cathy McCormick I think the right place to be asking about this is to the title company.  The title company that closed the transaction is responsible for recording the items properly.  The title company name and contact information should be on the closing paperwork that you signed.  I would encourage you to not leave it up to the lender....it might take them a long time to get back with you.  The title company should be more responsive.