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My father’s home was destroyed in California's Campfire. CeLink (prior Freedom Financial) is servicer and will only give payoff. Need original documents (gone in fire) to educate ourselves in regards disaster terms. Freedom Financial closed, Citibank sold loans to yet unnamed entity. CeLink refuses to give loan owner info. What do we do?

By Larry on 12.06.2018

Hello Larry,

Celink does not need to have the original file to be the servicer for the loan but I am still surprised that they don’t have the documents there.  I don’t know what their reasoning would be for not sharing the information with you for a contact for the Note Holder, especially if they have already admitted they don’t have the legal documents to send to you themselves. 

It could be something as crazy as a contractual arrangement between the servicer and the Note Holder that the Note Holder relies on servicer to handle the servicing and will not allow them to refer borrowers to them but that doesn’t help you if they don’t have the information you need.

There are however laws regarding notification required to borrowers when loans are sold in the secondary market.  If your loan was sold more than 30 days ago and you have not been notified as to the identity of the new loan holder, your new and old lenders may be in violation of the law. 

If no one is informing you of this information and it has been longer than 30 days, I would suggest that you contact a licensed attorney to determine your lawful remedy.  Your attorney will know what exactly you can and cannot do and will probably start with a few certified letters to the servicer and the old Note Holder reminding them that they may be violating the law, but that’s just my guess.  I cannot advise you on legal matters and your legal counsel will tell you for sure.  

 

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