How can a person get a security deed taken off record when the note it secured is paid off and the company that made the loan is in insolvancy.

In 1990 I purchased my home, financed it with Charles F. Curry Co..  In 1993 I refinaced the home.  Instead of cancelling the original deed to security deed, Charles F. Curry Co. assigned the old Deed to Secure Deed to the new one.  When I paid the loan off, the 1993 Deed to Secure Debt was cancelled but the original wasn't.  I am trying to borrow some money on my home but can't because of the old outstanding Deed to Secure Debt.  How can I get this old deed cancelled.  Charles F. Curry Co has desolved and is no longer.  I need some quidance.

Asked almost 9 years ago in Baxley, Georgia
Categories: Real Estate

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terrence m rubino

Answer by terrence m rubino

VerifiedIndiana lawyer

i don't practice in georgia and each state has different laws and terminology. however the principles are generally similar. assuming the title company won't waive the cloud on title, in indiana or illinois, we would call the process of what you need to be a "suit to quiet title."  you would need to get a georgia lawyer. the court would eventually enter judgment removing the encumberance of curry and give you clear title.  hope this helps.

Posted almost 9 years ago

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