Clearing Title: Mortgage Release Program
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1 Clearing Title: Mortgage Release Program
2 Rapid Certificate Why Rapid Certificate Lenders need Certificate quicker days post closing Allows issuance without release of liens paid at closing
3 Rapid Certificate Requirements Only available with field issue Issuer must have Payoff statement Proof of payoff Wire transfer receipt Cancelled check
4 Rapid Certificate Procedure Show unreleased lien as exception on Schedule B Select Endorsement Against Loss-Lien (free) Issue Certificate
5 Rapid Certificate Follow up ITG Notification 4 months post closing Release filed Complete 801 Form online No release? Submit for Mortgage Release Program Upload payoff documents No charge for Mortgage Release Program if mortgage paid off at closing
6 Rapid Certificate Can be used for New Construction Check MNLR (as close to closing as possible) No postings? No problem Postings (Commencement of Work; Preliminary Notice; or Mechanics Lien) Have evidence of payment or lien waiver in your file - Rapid Certificate may be utilized Unsure? Contact underwriting
7 Questions???
8 Mortgage Release Certificate Program Simple, inexpensive release of paid in full but not released mortgage. Remedy for missing or inaccurate assignments.
9 ITG Cannot Release Judgment Liens Mortgages from federal, state, or municipal agencies IRS Tax Liens Land Contracts Deed Restrictions HELOCS lacking borrower signed close account letter
10 Not An Overnight Fix Statute requires notice 30 days if servicer address known Publications required if no known address 3 consecutive weeks 30 days after providing Affidavit of Publication to ITG, the mortgage can be released
11 The Good News o Who can apply? Licensed Attorney Licensed Real Estate Broker Iowa Title Guaranty Participating Abstractor Lender Licensed to Make Loans in Iowa Licensed Closing Agent
12 How to apply Completed Application Payoff Statement Proof of Payment Other acceptable documentary evidence $100 Processing fee* *waived when in conjunction with Rapid Certificate
13 Acceptable documentation Each file considered individually o Credit Report o Paid in Full Letter o Purported Release o Evidence of no foreclosure since alleged payoff (Iowa Courts Online printout) o FDIC BankFind Search o MERS Online Search o Other relevant documentation leading to the conclusion that the mortgage has been paid
14 How much does it cost? $100 application fee If Publication, the applicant must also pay for the Notice of Publication
15 Questions???
16 Assignment Endorsement Assures a named assignee of the Guaranteed Mortgage When to issue: Upon Lender Request When Lender does not want to rely upon successors and/or assigns language in the name of the Guaranteed
17 Assignment Endorsement Is MERS as nominee an Assignment? MERS being named as mortgagee or solely as nominee in the original mortgage document is not an Assignment
18 Assignment Endorsement Underwriting Requirements Assignment must be of record Loan not in default Abstractor search through recording of assignment Attorney review of search
19 Assignment Endorsement Attorney review Uninterrupted chain of title from first lender to last assignee Note any modifications, full or partial releases, re-conveyance or discharge of guaranteed mortgage in title opinion
20 Assignment Endorsement Issuing Considerations Endorsement does not change date of Certificate Cannot issue with multiple beneficiaries Cannot issue if guaranteed mortgage released
21 Assignment Endorsement Issuing the Endorsement Assignment included in final abstracting Show original mortgagee as Guaranteed Effective date is 5:00 PM on mortgage filing date Issue Endorsement - $15 fee *See Scenario 1 in materials
22 Assignment Endorsement Issuing the Endorsement Assignment not shown in final abstracting Updated lien and title search, abstract continuation, Form 901 or post closing search through Assignment recording Attorney review of search Original mortgagee shown as Guaranteed Effective date is 5:00 PM on mortgage filing date Issue Endorsement - $15 fee *See Scenario 2 in materials
23 Assignment Endorsement Issuing the Endorsement Issued Certificate amended to add Endorsement Updated lien and title search, abstract continuation, Form 901 or post closing search through Assignment recording Attorney review of search Amend Certificate to add Endorsement Do not change effective date Issue Endorsement - $15 fee *See Scenario 3 in materials
24 Assignment Endorsement Issuing the Certificate when Lender/Investor does not specifically request Assignment Endorsement Show original lender as Guaranteed Schedule A does not include assignment Effective date is 5:00 PM on mortgage filing date Do not issue Endorsement *See Scenario 4 in materials
25 Assignment Endorsement Completing the Variables Variable Box 1 name of Assignee Variable Box 2 - full description of Assignment including all recording information Variable Box 3 - any new matters in attorney review Ordering Endorsement at time of Commitment Use TBD in all variable boxes
26
27 Questions?
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