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Hi There...
Let me see if I can help..I have 25 years of experience in title and escrow.
If the "open" loan was paid off with the proceeds of a refinance...the title company that you are working with now, can contact the title company that was suppose to pay it in full (and obviously did). That title company can issue what is called a "letter of indemnity, known as an LOI in the title business. The means that the title company that paid off that open loan tells the new title company that the lien is clear and that they will indenify and protect the new title company from any resulting litigation.
Hope this helps...I know it can be a little confusing.
If I can help...drop me an email --
Wed Aug 19 2009, 21:13