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If the Mortgage co doesnt file any paper work with the county of deeds do you own the house free and clear?

Allen Park, MI |

I have bought my house in 2006 and had gmac as the lender in 2009 I refinanced with the mortgage being sold to Bank of America and records shows at wayne co reg of deeds that the orignal mortg was discharged and the new was never recorded.

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Filed under: Real estate
Attorney answers 5


I would be surprised if your mortgage company does not record your mortgage. Regardless you will still owe them the amount you borrowed pursuant to the Notecypu signed promising to pay it.


The answer is no, you still owe the debt 100%. Also, you may want to double check to see if it was recorded. I would be shocked if it wasn't. Good luck- Reese Serra

This advise is only being offered as a courtesy. We do not have an attorney-client relationship and I do not represent you. Additional, the advice I have provided was based on the limited fact pattern provided by you. If the facts differ, my advice may not be correct. If you live in Michigan and would like legal assistance with your issue, feel free to contact me: 586-615-0756 / (ADVERTISING MATERIAL)


There will be an Affidavit of Lost or Misplaced Mortgage recorded once it is discovered not recorded and you have personal knowledge so do not attempt to refinance .


As long as you owe any money on the mortgage you do not own the house free and clear, regardless of whether the mortgage is recorded. A complete mortgage release must be obtained from the lender in order for you to own it "free and clear". John W. Drury

So there is no misunderstanding, this answer does not create an attorney/client relationship and you cannot presume that I am your lawyer or that my advice can be relied upon in any way other than for information only. You will not become my client unless and until you retain me.


The failure to record will not affect your liability. It is possible that BOA sold or assigned the mortgage soon after you obtained it. Unfortunately the failure to record assignments, etc, is all too common. I represented a county that was actually trying to pay a homeowner and his lender money and it took months to find out the proper party, because the bank recorded with MERS.

This response is general information and not legal advice, and does not create an attorney-client relationship. This response should not be relied upon. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney,

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