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KimberlyLaw
KimberlyLaw, Attorney and Real Estate Broker
Category: Real Estate Law
Satisfied Customers: 4198
Experience:  13 years of experience in real estate law: Foreclosures, Landlord-Tenant, Condo/Coop, Property Law, Deeds, Purchases/Sales, Estates.
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My dad has a fraudulent lien on s house. We just found out

Customer Question

My dad has a fraudulent lien on his house. We just found out about it when we were trying to sell it, the lien was placed on the house in 2006. He was going to get a home improvement lian from the lending center, but at the closing they were going to refinance his house for 10,000 more than he owed, but keep the 10,000 for paperwork fees. My dad said no thanks and walked out, but they filed the deed of trust anyway. There was never any money exchanged, and now the title company and the mortgage company are out of business.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  KimberlyLaw replied 1 year ago.

Hello, I am happy to assist you today.

Sorry to hear about your dad's situation. This is definitely something that you can get taken care of. Unfortunately, it may take a little time if you already have a buyer ready to purchase.

If you are not able to locate the mortgage company or title company to get them to remove the lien, then you will have to remove it in court. You need to file a title clearing action and ask the judge to remove the lien. You shouldn't have any problem getting this taken care of, however it may take a number of months to accomplish.

Let me know if you have any questions about this.

Kim

Customer: replied 1 year ago.
The company that has the lien on his house is out of Florida and they are in bankruptcy. How do I file the title clearing action? In the county the house is in or where the company is?
Expert:  KimberlyLaw replied 1 year ago.

Oh that is good news, that means you can get involved in the bankruptcy proceeding and ask the judge to have that company issue a release of the lien. That's all you need. If you can identify the company and contact them, ask for that first. If they don't take action, get involved in the bankruptcy proceeding and demand that they issue a release of the lien.

Then if that doesn't work you will go to court and file the title clearing action in the county where the house is located.

Let me know if you have any more questions about this.

Kim

Customer: replied 1 year ago.
Do I have to get an attorney to file the title clearing action at the court?
Expert:  KimberlyLaw replied 1 year ago.

You don't absolutely need an attorney, it is possible to do it on your own. However, there are so many rules of the court that it takes a lot of time and research for someone to jump in and handle a case without a lawyer. So it is advisable to use one. This should be a pretty straight forward case so I would try to get someone to do it for a flat fee so you know how much it will be.

You should also check with the county court and see if they have a pro se office, which would help you if you decide to file without a lawyer. Not all courts have one.

You can also try the local bar association and see if they have a referral service that is low cost.

Kim