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Law Educator, Esq.
Law Educator, Esq., Attorney
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We need advise. My brother in law is selling his home in escrow

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We need advise. My brother in law is selling his home in escrow now. An issue came up about a lien on his property in 2005 for $3K posted by a collection company, they went out of business, the escrow company found a lawyers office that is handling the account, but they don't want to accept the check for pay-off. Escrow needs the lien removed before they can close. They can't get anyone to accept payment and sign off the lien. What can we do to expedite the matter?
thanks, Tom
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only, it cannot be considered legal advice.

If nobody will accept the lien payment, then I am afraid that one would have to file a petition to quiet title in the local court and ask that the lien be removed because the creditor is out of business and there is nobody to make payment to and thus ask the court to invalidate and remove the lien. This is generally the title company who will do this and if not your brother in law will need to get a local attorney to get the lien removed for him if the lawyers who handled the account will not issue a release of lien letter because they will not accept payment.


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