All Forum Posts by: Clifford Firthh

Let me try on more time, neither you nor I know what interest Clifford may have in the property, if any.  He originally wrote "they (presumably the Owner) have tried to obtain a payoff to sell the property, but the holder of the seller carryback will not give a payoff."  Clifford to not allege or imply that he is trying to obtain a payoff.  To which you replied, "Servicer is under zero obligation to respond to payoff requests, or any inquiry from people who are not on the original note and deed of trust."

I merely pointed out your advice is incorrect as to mortgages secured by Florida property.  Anyone lawfully representing the mortgagor or record title holder in entitled to a payoff within 10 days of a written request.  I really don't understand why you're making such a big deal about this.

As an aside, the OP doesn't mention anything about a servicer being involved.

Also the bankruptcy is an other wrinkle. What Chapter was filed? If it was a 13, perhaps the arrearage was paid and that is why BOA is deeding it back. 

Have you talked to someone claiming the own it and wants to sell it to you or are you just searching around?

Would definitely have a professional title exam done. They will point out any problems they see but you might need an attorney to explain it and what the possible solution is.

It's possible that the property was part of the MERS robo signing signature scandal and the problem of false agency. Because it was assigned and mergers happened and then a bankruptcy, no one knew who actually had ownership of the note. In the ensuing confusion, no one could or couldn't prove who had the authority to speak for the note. 

So, BofA released any real or possible claim of interest. 

But the city didn't buy that and charged BofA for the taxes. Since BofA rejected the city's claim, when it got to court (or more likely negotiation) the city couldn't prove BofA had any interest in the property, so they dropped their claim. 

With no one to go after for the claim of taxes, the city threw up it's hands and went off to harass other law abiding, tax paying individuals. I don't have a clue if this is how it actually went down, but it sounds good to me.

I suspect someone is paying the county property taxes. That is who I would talk to and ask why they are paying the property taxes.

In my experience, most states have a statutory requirement for a lender to provide the borrower, or the borrower's representative, a payoff letter.  I'd find the statute in the property's state and send a certified letter referencing it to the lender demanding the payoff.

there are legal ways to pay these off.. check with title company first for free what they require to get title insurance for new buyer.  other wise probably need a lawyer to file some sort of quiet title action to force the issue.