How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Real Estate Law
Satisfied Customers: 17513
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Real Estate Law Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My wife and I are in the process of refinancing when the

Customer Question

My wife and I are in the process of refinancing when the refinace company found that there is a lien on our house which we thought was paid off from previous refinace. The refinance co researced thi and found out that the last title company made a mistake and accordingly went out of bussiness? To make matter worse, when our refinace co tried to settle the lien, the lien holder added interest rates. The funny thing is that this lien is only under my name and not my wife's. Can I quit claim on the house to avoid this lien which the title company that run out of bussiness supposedly did not pay? It showed on title closing doc that it was paid but I guess there was a mistake. Are there any options for me? Is it possible to negotiate the lien amount that balooned because of interest and penalties from 59K that should have been paid off to now 85 k because we thought it was paid off?
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  Phillips Esq. replied 2 months ago.

Hello: This isCustomer Welcome to JustAnswer! I am reviewing your post, and I will post my response very shortly. Thank you for your patience.

Expert:  Phillips Esq. replied 2 months ago.

Can I quit claim on the house to avoid this lien which the title company that run out of bussiness supposedly did not pay?

Response 1: Unfortunately, you cannot. Also and more importantly, any quitclaim deed would be subject to the lien already on the property. That is, the lien on the property would still be there.

It showed on title closing doc that it was paid but I guess there was a mistake. Are there any options for me?

Response 2: Other than negotiating the penalties and interests, I do not see any other option except paying for the lien.

Is it possible to negotiate the lien amount that balooned because of interest and penalties from 59K that should have been paid off to now 85 k because we thought it was paid off?

Response 3: Yes, it is possible.

Related Real Estate Law Questions