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Tina
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32123
Experience:  16 years of legal experience including real estate law.
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hello my question is I have a commercial property and its

Customer Question

hello my question is I have a commercial property and its paid of I want to sell it and in the title search they found a lien of the past owner and he died and lost all his properties and the lean don't have a money number and we cant find the person so what can we do
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Tina replied 1 year ago.

Hello and welcome.

My name is XXXXX XXXXX my goal is to provide you with excellent service today. I am sorry to hear of your difficult situation. Before I can give you an accurate answer to your question, please provide the following additional information:

Do you have title insurance on this property? How did you acquire the property, through a foreclosure sale or something else?

I look forward to assisting you as soon as I have received this information. Thank you.

Customer: replied 1 year ago.


it was a transfer dead and we did not have title insurance so I bealive that the person made a personal loan to the past owner and he paid some part of the loan I thick it was 15,000.00 and the past owner paid him about 3,200.00 so that what I know

Expert:  Tina replied 1 year ago.
I see. Thank you for providing this additional information, Mando.

Since the lienholder is not available to release the lien from the property, what you typically need under those circumstances is to obtain a court order releasing the lien. To obtain such an order, you would normally need to file a petition for a declaratory judgment with the local court where the property is located, seeking a declaration from the court that the lien be extinguished.

It would be best to retain a local real estate law attorney to represent you in this matter and file the petition in the local court.

Here is a link which provides a sample complaint for declaratory relief if you wish to try drafting the complaint yourself and filing it with the court:

http://www.kinseylaw.com/attyserv/civil/complaints/decrelief.html


I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.


about what will be the cost whit a local attorney and about what time rage where looking for this matter to be ready

Expert:  Tina replied 1 year ago.
Hello again, Mando.

The cost would likely depend on whether you hire an experienced attorney or a new attorney, or a large firm versus a small one. I would typically expect that a less experienced attorney could handle this case and it should not be contested since the lienholder is no longer available. If you hire a younger attorney with a small firm, you might be able to get this matter finished for under $1,500 or so and within a few months time. The length of time it will take depends, in part, on the local court's docket schedule and how many cases might be ahead of you.

I hope this helps clarify the situation for you. Please remember to rate my service once you have all the information you need so I will be compensated for my time from the deposit you posted with this website. If you have any other questions, please ask me – I’ll be happy to respond. Thank you!

Tina

Customer: replied 1 year ago.


pleas advise me if I get a really expert attorney to finish this problem and what will it cost aprox

Expert:  Tina replied 1 year ago.
If you retained a more experienced attorney with a larger firm, I would normally expect it to cost at least a few thousand dollars. The time involved would likely be similar since I don't expect the complaint to be contested.
Customer: replied 1 year ago.


what is the worse case if we cant find the person what will they do and what to espeact can the attorney fix it

Expert:  Tina replied 1 year ago.
If the lien holder cannot be located after taking reasonable efforts to locate them, then the court will typically permit service by publication, meaning that instead of personally serving the defendant with the summons and complaint, notice may be published in a local newspaper or other publication.

The worst case scenario would typically involve locating the lien holder and they decide to contest the removal of the lien on some basis. That could drive up costs and delay obtaining an order from the court.
Customer: replied 1 year ago.


now we have a list of documents that wen the past owner was paying him in payments and the loaner sing can we present them and just paid the diference

Expert:  Tina replied 1 year ago.
Yes, if you locate the lien holder and they agree to release the lien if you pay the balance, that could resolve the matter much more quickly. If the lien holder does not agree and a dispute remains, then legal action may still be necessary though.
Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 32123
Experience: 16 years of legal experience including real estate law.
Tina and 11 other Real Estate Law Specialists are ready to help you
Expert:  Tina replied 1 year ago.

Thank you very much for your positive rating of my service. It has been my pleasure to assist you and I hope you will ask for me should a future legal need arise.

If you receive a Customer Satisfaction Survey from JustAnswer, please consider scoring me a 9 or 10. It benefits my ability to assist you and other customers, and would be tremendously appreciated.

Thanks again and all the best to you.

Tina

Note: Please feel free to request me if you have future legal questions by typing your new question in the question box on my profile page. Here is a link to that page, which you can bookmark or add to your favorites: http://www.justanswer.com/law/expert-tina/. I look forward to hearing from you again should the need arise.

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