I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
The short answer? You do not need a new warranty deed unless you are transferring or selling the property. The county only needs a recorded release of mortgage from Shellpoint to show the lien is satisfied. A warranty deed is simply the document used when ownership is changing, not when a mortgage is paid off.
That's the short answer.
Here is the long answer: You only need the release of the mortgage recorded to clear the county’s records, not a warranty deed, because you are not transferring title. A warranty deed is used in sales or transfers, which is why you needed it for your rental property sale, but not here. Since your loan is paid and taxes are current, your best step is to record the release of mortgage with the county so it is on file. If the county auditor is insisting on a warranty deed, ask them to explain why, because it is not the normal requirement. If they refuse to clear the record properly, you can escalate by filing a written inquiry or complaint with the state’s real estate division or consumer protection office.
So here is what you need to do: Call or visit the county auditor and ask them to confirm in writing what they require. Provide them with the Shellpoint release of mortgage. If they still insist on a warranty deed without reason, take that response to your state’s real estate or consumer affairs office for clarification or a formal complaint.
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Why do I have to do a warranty deed for a house that I have lived in and paid the mortgage for 32 years? Most of the requirements seem redundant due to the release of the mortgage letter from Shellpoint.
I understand your concern. Can you explain why you are being asked to do a warranty deed for the house you've lived in and paid the mortgage on for 32 years?
That is what the county auditor told my wife when she called. We are not selling our house and the warranty deed acts like we are.
Have you already provided the release of the mortgage letter from Shellpoint to the relevant parties involved in this process?
No. I just want to get the warranty deed from the county.
Is there anything else the Real Estate Lawyer should know before I connect you? Rest assured they'll be able to help with your warranty deed.
Not that I know of.
Do I not need a warranty deed unless I am selling the property?
Hello! Legal Eagle here, and I am an attorney specializing in your area of law. I am more than happy to help you with your situation! Have you asked the county auditor to explain why a warranty deed is necessary if you already have a mortgage release showing the loan is satisfied?
No, my wife called county earlier and they told her she needed both the release of the mortgage and a warranty deed. She may have misunderstood. I did have some rental property that I sold and needed a warranty deed. So, I think it is only if you are selling the property, is that correct?
Ok thanks! Just a few more questions. Have you confirmed with the county auditor whether they are asking for a new warranty deed because of a recent property transfer or refinancing, or if they simply need the recorded release of mortgage to update their records?
No. The mortgage was refinanced about 10 years ago and should be O.K. as all payments were made without penalties. All real estate taxes have been paid on time. Other than the last 3 payments, all taxes were paid from escrow from Shellpoint lender.
Ok! Did you need to tell me anything else? If not, I can start with answering your question.
No, that should be it. Unless you want me to call the county auditor and hear it directly from him.
Ok! I just need a little time to draft up a high-quality answer. I'll be with you as soon as possible. It won't be terribly long, ok?
I'm so sorry about this situation! I want to address your situation with a detailed response, so if you have any questions, don’t hesitate to ask, because this law stuff can get complicated.
The short answer? You do not need a new warranty deed unless you are transferring or selling the property. The county only needs a recorded release of mortgage from Shellpoint to show the lien is satisfied. A warranty deed is simply the document used when ownership is changing, not when a mortgage is paid off.
That's the short answer.
Here is the long answer: You only need the release of the mortgage recorded to clear the county’s records, not a warranty deed, because you are not transferring title. A warranty deed is used in sales or transfers, which is why you needed it for your rental property sale, but not here. Since your loan is paid and taxes are current, your best step is to record the release of mortgage with the county so it is on file. If the county auditor is insisting on a warranty deed, ask them to explain why, because it is not the normal requirement. If they refuse to clear the record properly, you can escalate by filing a written inquiry or complaint with the state’s real estate division or consumer protection office.
So here is what you need to do: Call or visit the county auditor and ask them to confirm in writing what they require. Provide them with the Shellpoint release of mortgage. If they still insist on a warranty deed without reason, take that response to your state’s real estate or consumer affairs office for clarification or a formal complaint.
Thanks! Over and out!
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