Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.
How long is the mortgage and Note supposed to last?
Have you never paid the payments or was the seller supposed to come pick them up?
Ok, how long was the term of the Note?
Was it a one year Note, 5 year, 10 year, etc.?
When was it supposed to be paid back?
Where is the note holder now?
Have you contacted them to get them to sign a release?
Ok, here it the thing... if the note is showing up as a lien on the property, then it was recorded in the local land records office. That means that it exists because you can't record something that doesn't exist...
So if it has been repaid, then the person who filed it, has 30 days from that time to file a lien release or you can file a "quiet title" lawsuit against them to have a judge release the lien and can hold the person liable for the cost of any attorney.
But you should be able to contact the holder of the note to have them sign a release rather than be dragged into court and sued to do so.