Mortgage and Deed of Trust Issues Lawyer in Erwin, TN

A Practical Guide to Mortgage and Deed of Trust Issues in Erwin

If you are facing mortgage or deed of trust problems in Erwin or elsewhere in Unicoi County, it helps to understand your options and the steps that protect your ownership interests. Issues can arise from foreclosure notices, errors in loan documents, or disputes over lien priority, and addressing them promptly can preserve your financial stability and property rights. Jay Johnson Law Firm assists Tennessee residents with clear guidance, practical solutions, and a calm approach to resolving disputes related to mortgages and deeds of trust. We explain risks and likely outcomes so you can decide how to move forward with confidence.

Many people in Erwin encounter questions about payoff demands, reinstatement, short sales, or clouded titles caused by problematic mortgage or deed instruments. These situations often involve deadlines, strict notice requirements, and complex statutory procedures that affect how a case progresses. Our goal is to help you understand the legal framework that governs loans and security instruments in Tennessee and to provide straightforward options that match your priorities, whether that means negotiating with a lender, resolving title defects, or defending against wrongful foreclosure actions to preserve your home and financial position.

Why Addressing Mortgage and Deed of Trust Issues Matters

Resolving mortgage and deed of trust problems early can protect your credit, prevent loss of property, and reduce long term financial strain. Proper handling of notices, cure periods, and lender communications can stop a foreclosure from progressing while giving you time to find alternatives. When documents have recording errors or the chain of title is uncertain, clearing those matters improves your ability to sell, refinance, or pass property in an estate. Sound legal action can also deter improper lender practices and help secure a more favorable resolution through negotiation, reinstatement, or settlement that preserves your interests.

About Jay Johnson Law Firm and Our Approach in Erwin

Jay Johnson Law Firm serves clients across Tennessee, including Erwin and Unicoi County, with a practical approach to real estate disputes involving mortgages and deeds of trust. We focus on timely communication and thorough review of loan documents, title records, and foreclosure timelines. Our team prioritizes clear explanations of possible outcomes and works to identify the least disruptive solution for each client. Whether negotiating with lenders, preparing title curative documents, or representing a homeowner in contested proceedings, we aim to protect clients’ property rights and financial stability through attentive legal representation.

Understanding Mortgage and Deed of Trust Issues in Tennessee

Mortgages and deeds of trust are security instruments that allow a lender to secure a loan with real property. While the terms and procedures can vary, both create encumbrances on title and set the stage for possible enforcement actions if payments are missed. In Tennessee, a deed of trust usually involves a trustee who can conduct a nonjudicial foreclosure under certain conditions, while mortgage foreclosures generally follow judicial procedures. Recognizing which instrument governs your property and the applicable foreclosure process is an essential first step in formulating a defense or negotiating a resolution.

Common problems include incorrect or missing documentation, improper notice of default, defects in assignment of the loan, or competing liens that affect priority. These issues can result in delays, disputes over lender authority, or challenges to the enforceability of the lien. Addressing them requires examination of recorded documents, loan histories, and communications between borrower and lender. Understanding statutory timelines and local recording practices in Unicoi County will help determine possible remedies, such as quiet title actions, rescission opportunities, or settlement negotiations to resolve outstanding issues.

Defining Mortgages, Deeds of Trust, and Common Disputes

A mortgage or deed of trust functions as security for a loan against real property, giving a lender a lien that can be enforced to recover debt. Disputes frequently arise over whether a foreclosure was properly initiated, whether the lender holds the correct assignment, or whether payment history and accounting are accurate. Other disputes involve title issues created by prior liens, judgment liens, or unrecorded interests. Clarifying the roles of borrower, lender, and trustee and reviewing recorded instruments and payment records are important first steps to resolving these disputes effectively.

Key Elements and Legal Processes to Watch

When facing mortgage or deed of trust issues, pay attention to the loan agreement, note, security instrument, and any recorded assignments or releases. Critical procedural points include the notice of default, the timeline for cure or reinstatement, and whether required notices were properly served. In Tennessee, foreclosure rules differ based on the instrument, and lenders must follow statutory requirements for notice and sale. Identifying procedural defects, improper chain of title, or calculation errors can create opportunities to halt or modify enforcement actions and seek equitable resolutions.

Key Terms and a Plain-Language Glossary

Understanding common terms helps demystify mortgage and deed of trust disputes. Below are definitions of common phrases you will encounter in documents and discussions about title, foreclosure, and loan enforcement. Familiarity with these concepts makes it easier to follow timelines, assess notices, and participate in negotiations or court actions when necessary. If you review your loan papers, having these terms in mind will help you spot potential issues to address with your legal advisor.

Deed of Trust

A deed of trust is a security instrument that creates a lien on property to secure repayment of a loan. It typically involves three parties: the borrower, the lender, and a trustee who holds title as security. If the borrower defaults, the trustee may have authority to conduct a sale under the terms of the deed of trust, subject to statutory requirements. Identifying the trustee, reviewing the recorded deed, and confirming that notices were properly given are important when assessing whether procedures were followed correctly in any enforcement action.

Foreclosure Notice

A foreclosure notice is a communication that informs a borrower of a default and the lender’s intent to pursue enforcement. Notices must meet statutory content and timing requirements to be valid. In many cases, a borrower has a defined period in which to cure the default or negotiate alternatives. Missing or defective notices can affect whether a foreclosure can proceed. Reviewing the notice for proper dates, recipient information, and statutory language is a crucial early step in evaluating any response options.

Assignment of Mortgage or Deed

An assignment transfers an interest in the mortgage or deed of trust from one party to another, often reflecting sale or transfer of loan servicing rights. Problems can arise when assignments are not properly executed, recorded, or when multiple assignments create confusion about who has authority to enforce the lien. Confirming a clear, recorded chain of title helps determine whether the party initiating foreclosure has standing and whether a borrower can challenge the enforcement based on defective assignment documents.

Title Cloud or Cloud on Title

A cloud on title refers to any claim, lien, or encumbrance that casts doubt on ownership or marketability of property. Clouds can arise from unresolved mortgages, unreleased liens, clerical errors in public records, or disputes over past transactions. Clearing a cloud often requires releasing incorrect records, obtaining quiet title relief, or resolving competing claims. Addressing title clouds is important for homeowners who wish to sell, refinance, or transfer property, as marketable title is generally required for those transactions.

Comparing Limited Remedies and Broader Legal Strategies

When confronting mortgage or deed of trust issues, options range from limited, targeted fixes to more comprehensive legal strategies. A narrow approach might address a specific clerical error, a single defective notice, or negotiate a short-term reinstatement. Broader strategies could include filing a quiet title action, pursuing a wrongful foreclosure defense, or crafting a long-term settlement to resolve multiple liens. Choosing an approach depends on factors like the severity of the default, the clarity of title records, timeline pressures, and the homeowner’s long term goals for the property.

When a Focused Fix May Be Enough:

Minor Documentation or Recording Errors

A limited approach is often sufficient when the underlying problem involves simple recording mistakes or clerical errors that can be corrected through a release or amended document. In such situations, preparing corrective affidavits, securing a recorded release, or updating an assignment may restore clear title without prolonged litigation. These fixes are typically faster and less expensive, and they help homeowners move forward with refinancing or sale when no broader dispute over enforcement or loan validity exists.

Short-Term Payment Disputes

When a dispute centers on a small discrepancy in payment accounting or a temporary missed payment, a limited response such as requesting loan reinstatement calculations or negotiating a brief forbearance can resolve the issue. Lenders often accept written evidence of payments or agree to correct accounting mistakes once identified. Addressing these matters quickly can stop a foreclosure process before it advances and can preserve both the homeowner’s position and future options for resolution.

When a Broader Legal Strategy Is Advisable:

Complex Title Defects or Multiple Liens

A comprehensive strategy becomes necessary when title issues are complicated by multiple liens, conflicting recordings, or unresolved claims that affect the property’s marketability. In such cases, simply correcting one document will not resolve the underlying cloud on title, and a coordinated plan that may include quiet title actions, lien priority disputes, or settlement negotiations will be required. Extensive record research and possibly litigation help ensure a permanent resolution that allows the homeowner to sell or refinance without lingering defects.

Disputed Foreclosure or Questionable Lender Authority

When a foreclosure is underway and there are legitimate questions about lender standing, assignment validity, or procedural compliance, a more comprehensive legal response is warranted. Defense strategies may include motions to dismiss, discovery to obtain loan documents, challenges to notice adequacy, and preparation for trial if necessary. A thorough approach protects borrowers from improper sales and preserves options for settlement, reinstatement, or other remedies tailored to the client’s long term needs.

Benefits of a Comprehensive Approach to Resolution

A comprehensive approach can produce more durable and marketable results, addressing both immediate enforcement risks and underlying title problems that could cause future disputes. By resolving root causes as well as near-term threats, homeowners gain clarity about ownership and lien priorities, which facilitates refinancing, selling, or transferring property. This method also helps prevent recurring problems that might otherwise reappear if only surface issues are addressed, reducing the chance of additional legal or financial burdens down the road.

Comprehensive resolution may require more time up front but often avoids repeated interventions and reduces long term cost and uncertainty. It enables structured negotiations that consider all interested parties and produces documented releases, settlements, or court orders that permanently clear encumbrances. For homeowners who need certainty to move forward with life plans such as relocating, refinancing, or estate planning, a full resolution provides the documentation and peace of mind necessary to proceed with confidence.

Improved Title Marketability and Financial Flexibility

Resolving mortgage and deed issues comprehensively improves the property’s marketability and opens the door to refinancing or sale. Clearing liens, correcting recordings, and securing releases removes obstacles that lenders and buyers would otherwise find unacceptable. This enhanced clarity in title often leads to better financial options, such as lower interest rates through refinancing or quicker sale closings, because potential buyers and lenders can rely on a clear chain of title and reduced risk of future disputes about ownership or encumbrances.

Reduced Risk of Recurring Disputes and Future Enforcement

A comprehensive resolution addresses underlying causes of disputes so that the same problem does not reappear. When settlements, releases, or court judgments are obtained and properly recorded, future attempts to enforce invalid liens or pursue mistaken claims become far less likely. This stability protects homeowners from repeated legal entanglements and gives them the certainty to make long term plans regarding their property, family finances, and estate matters without lingering worry about unresolved encumbrances.

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Practical Tips for Handling Mortgage and Deed of Trust Matters

Act Quickly When You Receive a Notice

Responding promptly to a notice of default or foreclosure communication preserves options and prevents automatic progression of enforcement steps. Collect and save all mail, emails, and payment records related to the loan, and request a payoff or reinstatement statement in writing. Early engagement with the lender can lead to correction of accounting mistakes, temporary forbearance agreements, or a negotiated plan that halts foreclosure activity. Timely action is often the difference between keeping more options available and facing limited remedies once a sale date approaches.

Review Recorded Documents and Payment History

Obtain copies of the recorded security instrument, any assignments, and the payment ledger from the loan servicer. Check public records at the county recorder to verify assignments and releases. Discrepancies between the servicer’s records and county filings may indicate issues that need correction. Keeping clear, organized documentation will strengthen your position when negotiating with a lender or presenting concerns to a lawyer who can identify procedural or substantive defects that may be grounds for relief.

Consider Title Solutions Alongside Loan Negotiations

When planning a response, address both the loan enforcement matter and any title clouds that could limit future options. Negotiating with a lender while simultaneously resolving recording errors, obtaining releases, or preparing a quiet title filing can prevent future complications. Coordinated efforts help ensure that any settlement is properly documented and recorded, creating an outcome that supports refinancing, sale, or transfer of the property without residual encumbrances or uncertainty.

Reasons to Seek Help with Mortgage or Deed of Trust Issues

Homeowners should consider legal help when facing foreclosure notices, unclear assignments, payment disputes, or title clouds that block refinancing or sale. Professional attention can reveal procedural errors, incorrect accounting, or defective transfers that might otherwise go unnoticed. Addressing these matters early can halt enforcement steps, clarify financial obligations, and produce recorded resolutions that prevent future disputes. Legal guidance helps evaluate the strengths and weaknesses of your position and identify the most appropriate path to preserve your property interests and financial stability.

If multiple liens, prior judgment attachments, or contested claims appear in public records, a coordinated plan is necessary to determine lien priority and resolve competing interests. When a foreclosure has begun, timely legal action can create opportunities for reinstatement, settlement, or defense. Even if a homeowner plans to sell, clearing title defects first avoids delays and unfavorable sale terms. Taking action early reduces uncertainty and increases the chance of resolving the problem with minimal disruption to your life and finances.

Common Situations That Lead People to Seek Assistance

Common triggers for seeking help include receipt of a foreclosure notice, discovery of an unrecorded or improperly recorded assignment, errors in payoff statements, or difficulty refinancing due to clouds on title. Other scenarios are disputes over whether a loan has been paid in full, unresolved homeowner association liens, or inherited property with unclear documentation. Each of these circumstances requires review of documents, timelines, and local rules to determine the best remedy to protect property rights and financial interests.

Foreclosure Proceedings Initiated

When foreclosure proceedings start, homeowners must act quickly to understand timelines for response and any statutory cure rights. Reviewing the notice, verifying the identity of the foreclosing party, and obtaining loan records can identify procedural or substantive defenses. Early steps can include negotiating for reinstatement, requesting documentation, or filing appropriate court pleadings. Timely preservation of rights often increases leverage in settlement discussions and may avoid a forced sale.

Title or Recording Errors Discovered

Title defects discovered during a sale or refinance attempt often derail transactions and prompt the need for corrective filings. Errors like missing releases, incorrect legal descriptions, or mistaken assignments should be addressed before closing. Solutions may include obtaining corrective deeds, recording releases, or initiating a quiet title action to remove clouds. Resolving these issues restores marketability and prevents future challenges to ownership during important financial transactions.

Discrepancies in Loan Accounting

Accounting errors, such as misapplied payments, incorrect fees, or erroneous payoff amounts, can create disputes and unnecessary default notices. Gathering payment records, communicating in writing with the loan servicer, and demanding a full accounting can often resolve discrepancies. If accounting issues persist, further legal steps may be necessary to document errors and pursue correction, preventing unwarranted enforcement and protecting the homeowner’s credit and property interests.

Jay Johnson

Your Erwin, Tennessee Real Estate Legal Resource

Jay Johnson Law Firm is available to assist Erwin residents with mortgage and deed of trust matters, offering clear guidance and practical actions tailored to each situation. We provide careful review of loan documents, title records, and foreclosure timelines, and we communicate options in straightforward terms. Whether you need help negotiating with a lender, resolving a title cloud, or mounting a defense to foreclosure, our approach emphasizes timely responses, accurate record review, and realistic planning to protect your property and financial wellbeing.

Why Residents of Erwin Choose Jay Johnson Law Firm

Clients turn to our firm because we focus on clear communication, prompt action, and resolving problems in ways that align with their goals. We take time to review recorded documents and loan histories to identify the root causes of disputes and the most practical remedies. By explaining processes and timelines in understandable terms, we help clients make informed decisions about negotiation, settlement, or litigation, depending on what will best protect their property and financial interests.

Our work in real estate matters emphasizes careful documentation and strategic planning. When a lender’s actions or recorded instruments create uncertainty, we pursue resolutions that secure recorded releases, settlements, or court orders as needed. We aim to reduce the stress of facing mortgage enforcement or title defects by providing organized steps, clear expectations, and reliable follow through so that homeowners can focus on restoring stability and moving forward with their lives.

Clients appreciate practical guidance when timelines and deadlines matter. We help gather necessary records, communicate effectively with servicers, and pursue recorded solutions that prevent future disputes. By taking a comprehensive view of both the immediate enforcement risk and longer term title implications, we help homeowners achieve outcomes that support sale, refinance, or continued ownership without lingering uncertainty.

Contact Jay Johnson Law Firm in Erwin to Discuss Your Situation

How We Handle Mortgage and Deed of Trust Issues

Our process begins with a thorough review of the recorded security instrument, assignments, payment history, and any notices received. We then discuss your priorities and potential remedies, such as negotiating with the lender, correcting recordings, or filing appropriate actions in court. We prepare and organize documentation, communicate with lenders on your behalf, and take steps to preserve rights if a sale date approaches. Throughout the process we aim to keep you informed about timelines and likely outcomes so you can make reasoned decisions.

Step One: Document Collection and Case Assessment

We begin by collecting all relevant documents and records related to the loan, including the note, deed of trust or mortgage, recorded assignments, payoff statements, and correspondence with the lender. This comprehensive review allows us to assess procedural compliance, identify defects in recordings or notices, and determine immediate risks. From that assessment, we outline options tailored to your goals, whether that means pursuing a limited correction, negotiating a resolution, or preparing for litigation if necessary.

Gathering Public Records and Loan Histories

Obtaining county recorder documents and loan servicing histories helps verify chain of title and payment records. We examine assignment recordings, releases, liens, and any recorded judgments that might affect the property. Comparing public records with the lender’s account statements often reveals discrepancies that can be addressed through corrective recordings or formal challenges. Accurate record collection forms the foundation for any negotiation or legal filing and supports a clear strategy going forward.

Client Interview and Goal Setting

We take time to understand the client’s priorities, whether that is retaining the property, clearing title for sale, or minimizing financial exposure. Establishing clear goals early helps prioritize actions and determine acceptable outcomes in negotiations. During the initial interview we also gather any additional documentation the client has, identify key deadlines, and explain statutory timelines that may affect options, ensuring a coordinated and informed approach from the outset.

Step Two: Negotiation and Corrective Action

After assessment, we engage in targeted actions such as requesting accurate payoff statements, seeking formal corrections to recorded documents, and negotiating with servicers for reinstatement or settlement. Where appropriate, we prepare and file documents to clear title, obtain releases, or correct errors in the public record. These actions aim to resolve immediate threats and set the stage for a more permanent solution that aligns with the client’s objectives for the property.

Communicating with Lenders and Servicers

We draft precise communications to servicers requesting documentation, accounting, or temporary relief measures. Clear written requests can prompt correction of errors or provide the borrower with necessary payoff and reinstatement amounts. Negotiations often focus on curing arrears, arranging short term forbearance, or settling disputed charges. Keeping communications documented and timely increases the likelihood of achieving a favorable resolution outside of court when possible.

Recording Corrective Documents and Releases

When recording errors or missing releases create title issues, we prepare corrective documents for recording at the county level. Securing recorded releases or corrected assignments helps remove clouds on title and makes future transactions smoother. Properly filed documents and recorded settlements create a permanent record of resolution, reducing the chance of later disputes and supporting marketability for sale or refinance.

Step Three: Litigation or Formal Title Actions if Needed

If negotiation and corrective measures cannot resolve the dispute, we prepare and file appropriate court actions such as quiet title suits, defenses to foreclosure, or motions to challenge improper enforcement. Litigation may be necessary to obtain a recorded judgment that clears title, resolves priority disputes among lienholders, or halts a wrongful sale. Throughout, we focus on presenting the strongest possible case based on the record while seeking pragmatic resolutions when they provide a better outcome for the client.

Preparing Pleadings and Discovery

When court action is required, we prepare detailed pleadings that set out the factual and legal basis for relief, and we pursue discovery to obtain loan documents, assignment records, and communications that are necessary to prove claims or defenses. Thorough preparation helps identify procedural defects and missing evidence and strengthens negotiating positions. Effective discovery can reveal inconsistencies that support challenges to enforcement or demonstrate the need for recorded relief.

Resolving the Case and Recording Final Instruments

Following litigation or settlement, we ensure any court orders, releases, or settlement instruments are properly recorded to clear the public record. Recording final instruments completes the process and restores marketability by removing clouds on title and documenting agreed resolutions. This step provides lasting assurance that the matter is resolved and that future transactions can proceed without the same encumbrances or uncertainties.

Frequently Asked Questions About Mortgage and Deed of Trust Issues

What is the difference between a mortgage and a deed of trust in Tennessee?

A deed of trust typically involves three parties: the borrower, the lender, and a trustee who holds title as security until the loan is repaid. It often allows a trustee to conduct a nonjudicial sale under specified conditions. A mortgage usually requires judicial foreclosure in Tennessee. Understanding which instrument governs your property is important because it affects timelines and procedures for enforcement and possible defenses.If you need clarification, gather your loan documents and recorded instruments and review the recorder’s entries for assignments and releases. That information will indicate which process applies and help identify potential procedural or recording defects that may influence your options for response and resolution.

Upon receiving a foreclosure notice, act quickly to determine the type of foreclosure and any statutory cure periods that may apply. Collect payment records, request a payoff or reinstatement statement in writing, and communicate with the lender or servicer to explore reinstatement or forbearance options that can halt the sale. Prompt written requests and documented negotiations often create breathing room to pursue alternatives.If direct negotiations are unsuccessful, review the notice for procedural defects and consult a lawyer about possible defenses or emergency filings that preserve rights. Timelines can be short, so early legal review increases the chance of stopping or delaying the sale while exploring permanent solutions.

Errors in recorded loan documents, such as incorrect assignments or missing releases, should be corrected through recorded instruments or formal actions that clarify the chain of title. Begin by obtaining copies of the recorded documents from the county recorder and request corrected paperwork from the parties involved. Preparing corrective affidavits or agreements for recording may resolve the matter without court involvement when all parties cooperate.If a party refuses to correct the record or disputes arise over the validity of recordings, a quiet title action or other court remedy may be necessary to clear the title. Proper legal steps ensure that corrections are permanent and protect future transactions such as sale or refinance.

An assignment can be challenged if it appears incomplete, improperly executed, or not recorded in the public record. Discrepancies between servicing records and county filings may indicate defects in the chain of title. Reviewing the assignment documents, execution dates, and recording history can reveal inconsistencies that support a challenge to a party’s authority to enforce the lien.If an assignment is defective, remedies may include demanding corrected documentation, seeking relief through negotiation, or initiating litigation to quiet title or contest foreclosure standing. Establishing the facts through record review and discovery is often necessary to resolve such disputes.

A cloud on title is any claim, lien, or recorded matter that casts doubt on property ownership or marketability. Examples include unreleased mortgages, conflicting deeds, or erroneous recordings. Removing a cloud typically requires obtaining a recorded release, corrective document, or court order resolving competing claims so that the public record reflects clear title.In cooperative cases, parties may record releases or corrected instruments to remove the cloud. Where cooperation is lacking, a quiet title action can secure a judicial determination that clears the title and creates a stable record for future transactions such as sale or refinance.

Correcting a recording error usually improves the ability to refinance because lenders require clear public records to approve new loans. Identifying and recording corrected documents or releases removes uncertainty and reduces the risk a prospective lender will decline financing. Solving recording issues before applying for refinance streamlines the process and prevents last minute delays at closing.If corrections require litigation, obtaining a court order that resolves the defect and recording the judgment will similarly restore marketability. Lenders prefer recorded evidence that title issues have been resolved, so taking corrective action benefits refinancing efforts.

The time to resolve a deed of trust dispute in Unicoi County varies based on complexity, cooperation from other parties, and whether litigation is required. Simple recording corrections or negotiated settlements can be completed in weeks to a few months, while contested cases involving multiple lienholders or foreclosure defenses may take several months to more than a year if litigation proceeds to trial.Early, focused action often reduces overall duration by resolving procedural defects and negotiating settlements before prolonged court processes are necessary. Timely documentation, clear goals, and decisive steps help move matters toward resolution more efficiently.

Before contacting a lawyer, gather your loan agreement, the promissory note, the deed of trust or mortgage, any recorded assignments or releases, payoff statements, foreclosure notices, and all correspondence with the lender or servicer. Also collect payment records, canceled checks, and bank statements that demonstrate payment history. Having these documents organized speeds the initial assessment and allows the lawyer to identify critical issues quickly.If you have other public records such as recorded judgments, lis pendens filings, or notices from homeowner associations, include those as well. The more complete the documentation, the more precise the legal advice and strategy can be.

Yes, many lenders are willing to negotiate settlements to avoid the uncertainty and expense of foreclosure. Options can include reinstatement agreements, loan modifications, short sales, or negotiated payoffs that resolve outstanding debt while avoiding a sale. Effective negotiations depend on timely communication, accurate accounting, and clear documentation of the borrower’s situation and objectives.Successful settlement often requires careful preparation and documentation, and sometimes recording settlement instruments to ensure permanent resolution. Discussing realistic options and potential tradeoffs helps determine which settlement path best aligns with the homeowner’s financial and personal goals.

Lien priority determines which claims get paid first from the proceeds of a sale and can affect whether a junior lienholder can be paid or if the property will be subject to multiple encumbrances. Priority is generally based on the order of recording, but exceptions and later recorded judgments or statutory liens can change priorities. Understanding recorded dates and recording practices in Unicoi County is key to evaluating the impact of multiple claims.When multiple liens exist, resolving priority disputes or negotiating payoffs may be necessary to clear title. A comprehensive review of public records and coordination among lienholders often leads to a workable plan for clearing encumbrances and advancing a sale, refinance, or settlement.

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