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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 35326
Experience:  16 years real estate, Realtor. Landlord 26 years
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Team My dad passed away and received s paid off house. When

Customer Question

Team
My dad passed away and received his paid off house. When the title of the house was changed in my name and went for a loan we find a lien on the house. What was asked to me after receiving paperwork from the bank an my estate lawyer is that the mortgage company never filed the proper paperwork when the lien should of been off the house (this was from 1978). The house has been paid off for several years and the mortgage company is out of business. I don't know how to remove this lien from the house so I can get a loan to remodel. Please help me
Ann Zenisek
(###) ###-####
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Do you have proof that the loan was paid off in full? (like a letter from the bank stating it was paid in full)

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thanks

Barrister

Customer: replied 1 year ago.
BarristerI do not have any letter showing that paid off, only shows that the house is paid off on the deed I received. The lien showed up when I went to get a loan and they gave me a document stating Deed Of Trust. When my dad brought the house in 1980 he assumed the loan.
Customer: replied 1 year ago.
BarristerDo you want me to send you the information I have?
Expert:  Barrister replied 1 year ago.

Ok, in a situation like this, if the old lender is out of business, then your recourse here is to file a "quiet title" lawsuit against the lender and then ask the judge to issue an order dissolving the lien as paid. If the lender is out of business, then they won't appear for any hearing and the judge should issue a default judgment in your favor dissolving the lien.

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But you would need to contact a local real estate attorney to assist with filing the quiet title lawsuit so that everything is properly done and the judge can issue an order dissolving the lien...

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thanks

Barrister

Customer: replied 1 year ago.
BarristerThank you so much for an answer of how to resolve this issue. Can you give me an estimate of what it would cost around to do this process with a real estate attorney and to file a quiet title?
Expert:  Barrister replied 1 year ago.

Honestly, it depends entirely on the attorney and what their fee would be. Some charge hourly, some a set fee. But the process would be the exact same for any attorney, so you can shop around based on price to get the best rate.

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But I think that for something like this where there won't be any opposition since the mortgage company is out of business, I would ballpark it at $2500-3000.

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thanks

Barrister

Customer: replied 1 year ago.
BarristerOk, I can handle that amount. Do you have a few local attorneys you would recommend in the Boulder CO 80301 area, that I could research and contact.You have made me feel better tonight, worried about this for weeks.
Expert:  Barrister replied 1 year ago.

You are very welcome. Unfortunately, I am not allowed to recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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thanks much

Barrister