Loan modification partial claim

scotia567

LoanSafe Member
We had a loan modification in 2014. When we went to refinance in 2017, Wells Fargo informed us that (and to their surprise too as they didn't seem to know anything about it), that there was a partial claim on the property, which was enough that we couldn't refinance. At that time, I really was surprised as we did not understand that at all when we did the modification, but we are not alone in that.

So here's the weird part now. The partial claim was held by a private Trust, which is no longer in business after being sued by the department of justice for illegal foreclosures. I can't find any records on our County site of the partial claim being transferred - although the original partial claim with Northwest Trustee Services still appears, although they have been out of existence since 2018. The only active business record I could find for them is that their registered agent is a receivership. So where did it go? If Northwest Trustee was dissolved or declared bankruptcy, what happened to this lien? I tried talking to HUD but they said I needed to follow up with Northwest Trustee and when I said it was dissolved, they said they couldn't help me with where to go next.
 

Jzone

LoanSafe Member
We had a loan modification in 2014. When we went to refinance in 2017, Wells Fargo informed us that (and to their surprise too as they didn't seem to know anything about it), that there was a partial claim on the property, which was enough that we couldn't refinance. At that time, I really was surprised as we did not understand that at all when we did the modification, but we are not alone in that.

So here's the weird part now. The partial claim was held by a private Trust, which is no longer in business after being sued by the department of justice for illegal foreclosures. I can't find any records on our County site of the partial claim being transferred - although the original partial claim with Northwest Trustee Services still appears, although they have been out of existence since 2018. The only active business record I could find for them is that their registered agent is a receivership. So where did it go? If Northwest Trustee was dissolved or declared bankruptcy, what happened to this lien? I tried talking to HUD but they said I needed to follow up with Northwest Trustee and when I said it was dissolved, they said they couldn't help me with where to go next.
A quiet title action may be something to look into:
 

Survivor_IN

LoanSafe Member
Looks like HUD sold/transferred the partial claim. I would probably serve both in a quiet title in order to get the lien released. If they don't answer the suit, you will get default judgement. Hard to say. These things surface during refinancing. If they respond then you might be able to negotiate lien release or offer settlement.
 
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