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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33769
Experience:  15 years real estate, Realtor. Landlord 26 years
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I owned a apartment building in Alabama. During the

Customer Question

i owned a apartment building in Alabama. During the recession I lost that piece of property and the bank filed a citation notice to me to recover 16,251.04 plus cost.After going to court in the eighteen district illinois the ruling was dismissed and discharged. However, my wife who is on the loan for our home in Aurora,il decided to refinance the house came to find out that there was a lien on the property. How can this be when the homestead is exempt from this?
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Did they first get a deficiency judgment against you which was later dismissed?

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Was wife on the loan for the apartment building and a party in the action by the lender?

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thanks

Barrister

Customer: replied 4 months ago.
No, the citation notice was for them to discover assets and income. After submitting all income statements, bank accounts, etc. The court dismissed and discharged the case. My wife was not on the loan for the apartment building
Expert:  Barrister replied 4 months ago.

Ok, it is likely that somehow a judgment was incorrectly filed in the local land records office and that judgement attached to any property located in the county that your name was on. No one looks to see if it is a person's homestead or not, it just attaches to anything their name is on.

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If it was later dismissed as improper, the judgment creditor has to actually file a lien release within 30 days of the dismissal to dissolve the lien.

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So your recourse here is to contact the creditor and threaten to sue them in a "quiet title" lawsuit to clear the lien on the property as well as for punitive damages for "slander on title". This is entirely their mistake and you can hold them liable for all the costs related to getting it cleared from the property.

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thanks

Barrister

Customer: replied 4 months ago.
Can you handle the quiet title suit and if so how much for the service.
Expert:  Barrister replied 4 months ago.

Unfortunately, I am not allowed to represent customers from the site or 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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But if you just contact a local real estate attorney and pay them to send a threatening letter to the creditor, that should be enough to scare them into filing a release very quickly to keep from getting sued..

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thanks

Barrister