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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 114028
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Need to remove a name off a home deed. Can't locate other

Customer Question

Need to remove a name off a home deed. Can't locate other party. Still trying to redeem property for back taxes. No mortgage on property. The home is in Jefferson County Tennessee.
Submitted: 4 months ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
The problem is you cannot remove any name from a deed without their signature or court order. You would have to go to court if you cannot locate the person and file suit in court to either remove them or to get an order allowing you to make transactions on the property and hold the joint tenant's share in trust until they are located. That is the only way you can do so if you cannot find the other party and that means you need an attorney to go to court to file the suit to clear or quiet the title or to get power of attorney to transact business for the property to try to save it from taxes.
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Customer: replied 4 months ago.
Do attorneys work pro bono for this? There is no mortgage and I just sent off a petition to redeem the property for a tax lein. I was never notified of the lien and I'm still at the same address on the deed.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
There is a common misconception that attorneys do all sorts of work for free, but in reality they do very limited free work and most is confined to criminal cases. As far as a case like this, the attorney may agree to take the case on a contingency for a ownership interest or lien on the house which would have to be paid when the case is completed, but there are likely no attorneys who will do this type of case for free.
Customer: replied 4 months ago.
I'm a doctor. I know you don't work for free. I just want to get the property back, fix it up and sell it. It's worth paying a lawyer a little more for that. I just don't know how much this would all cost. I know it's mostly paperwork and filing at the courthouse.
Expert:  Law Educator, Esq. replied 4 months ago.
Thank you for your reply.
The attorneys all negotiate their fees and they may agree to do this for a percentage of the total value of the home, such as 30%.