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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 33716
Experience:  15 years real estate, Realtor. Landlord 26 years
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Actually I have two properties, the lender put a lien

Customer Question

actually I have two properties, the lender put a lien against each property for 250k and then on one property he put an additional lien for another 250k. That would be unlawful correct.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Barrister replied 3 months ago.

Hello again,

.

Yes, if the total indebtedness is only $250K, then the second lien on the same property, meaning two separate liens for $250K each on the one property, would be improper and you could threaten to sue them for "slander on title" if they didn't remove one of them.

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If you did sue the lender, and you say "he" so I assume it is an individual, then if the lien is determined to be false or invalid, you can hold them liable for your attorney costs and legal fees in doing so as this is a type of fraud when a false lien is filed to encumber property.

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thanks

Barrister

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