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Can an Underwriter reject a court-endorsed and fully recorded Release of Lien

We are in the process of buying a house.  Underwriters hjave asked for a Release of Lien which we provided, court-endorsed and recorded in the appropriate county.  They are not accepting this document and are requiring us to do a 3-way telephone conference between the Dept of Taxation & Revenue, Equifax and ourselves.  I dont understand why this document is not being accepted.  Our closing deadline is fast approaching and we are unable to connect with everyone at the same time.  I work for a law firm and it seems to me that if the document has been endorsed and recorded it should be accepted.  Yes/No?
  • August 14 2014 - Rio Rancho
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Answers (11)

Profile picture for ShereeBL
Hamp, thanks for the info...

BTW the GC is Old Tabby Links on Spring Island!!
  • August 14 2014
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Getting a human being, at Equifax, on the phone, should qualify you for a Mortgage, alone.

Did this false lien come up in the title search? Your Underwriter is asking you to prove a negative. You have. She wants you to redundantly prove a negative, now. Ridiculous. The fact that you have 12 days to solve this matter is a comfort. Did this lien ever show up on your credit report? What kind of lien was it? This is a conundrum wrapped in a paradox.

I'm a nature conserving Golfer, myself, and I could use a few pointers.
  • August 14 2014
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Doyle, Its hard to get a hold of anyone.  We keep calling and leaving messages and no return phone calls
  • August 14 2014
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Hamp, UW has our credit reports with "no liens" on them. Im just really confused.  We supplied everything to them in a timely manner and have gone out of our way to get the proper documentation.  We have a closing date of 8/26 and they are still looking for stuff.  My husband is at the taxation department as we speak so hopefully we will get something resolved. 

I was just really upset that they are questioning a legal document.  Ive never heard of that before.

BTW, I see your from the SC area.  Funny thing, my son has applied for a job up there as a golf asst of golf course - on some wild life conservation island. Cant remember the name.  We may be in touch :)
  • August 14 2014
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I like it... there is a quick solution to appease the lender with a phone call. do it and be done with it...

good luck...
  • August 14 2014
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What does your LO say?

The only thing that makes sense is that the UW wants your Equifax report to reflect "no liens or judgements", even though they know that the only lien on your report has been paid. To me, it is over officiousness, but I've never been an Underwriter. There are ways to have your credit report promptly corrected. Your LO should have access to this service, somehow.

What kind of Lender are you dealing with? Sounds regional bank-ish portfolio loan-ish.
  • August 14 2014
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"So if no one is willing to do anything, where do we stand?"   Sounds like you've been offered the solution, a three way conference call!
  • August 14 2014
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The Lien was so new that it hadnt even made it to my credit report yet. The Lien had only been in force for 2 weeks.  We immediately paid, showed proof of payment along with the recorded Release of Lien.  So I am having a hard time trying to figure out what the problem is!

As far as the 3-way conference goes, I have NO IDEA why they need that.  We have spoken with the Controller of the Taxation and Revenue Department and he also said that in all his years he has never had to do a conference call.  He doesnt understand why the document is sufficient either!   Im really getting worried because taxation department wont call Equifax and Equifax says its not up to them to make the phone call. So if no one is willing to do anything, where do we stand?
  • August 14 2014
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They want your credit report corrected, possibly as an over officious measure, to make your file audit proof in the secondary market. You need to do a credit report supplement, or some such maneuver. You are absolutely right that the recorded document should suffice but some UW's delusionally think a credit report is a factual document, that carries more weight than an actual factual legal document.


And the answer to your headline question is unfortunately , yes. They can do nearly anything they want. There are really no laws governing Mortgage Underwriting. There are guidelines and then the personal subjective interpretation of said guidelines.
  • August 14 2014
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My computer went double vision or something.
  • August 14 2014
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Why is a three way conversation of concern?  
  • August 14 2014
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