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#1736286 - 08/29/12 05:19 PM Clerical Error-Open mortgage stamped paid and sent
Bec Offline
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Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
Hello everyone,
We have a situation where we refinanced a customer's mortgage and when it came time to send the paid documents to the customer, the person stamped the new open original mortgage paid and sent it to the customer rather than the one that was actually refinanced and paid off. We recorded the proper satisfaction documents to satisfy the mortgage that was paid off so that isn't an issue. Could this be a problem? Could the customer have a claim?
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Lending Compliance
#1736292 - 08/29/12 05:24 PM Re: Clerical Error-Open mortgage stamped paid and sent Bec
Truffle Royale Offline

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Posts: 17,400
It could if the new original wasn't recorded yet....

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#1736294 - 08/29/12 05:26 PM Re: Clerical Error-Open mortgage stamped paid and sent Bec
Bec Offline
Diamond Poster
Bec
Joined: Jul 2010
Posts: 1,115
The Great White North
It was recorded
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#1736297 - 08/29/12 05:32 PM Re: Clerical Error-Open mortgage stamped paid and sent Bec
Truffle Royale Offline

10K Club
Joined: Jul 2003
Posts: 17,400
Then your lien exists of record.
I'd contact the borrower and ask them to bring the one they got back in and exchange for the one that should have gone out.

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