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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111657
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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My wife and I are trying to clear a lien that was put on our

Customer Question

My wife and I are trying to clear a lien that was put on our property from a friend of my brother in law. The loan is approved and sitting in escrow. We have no way contacting the person and don't know if he is alive. See below for more information of our situation.
JA: Where is the property located?
Customer: Honolulu,HI
JA: Has any paperwork been filed?
Customer: We definitely don’t want to ignore this document recorded by Mr. Takaki. I would suggest to have the client consult with a real estate attorney to see what is needed to get this document expunged. The risk is that we insure and Mr. Takaki continues to record more documents to cloud the title which may affect the lender's lien position.
JA: Anything else you want the lawyer to know before I connect you?
Customer: RE: Alan TakakiMr. Takaki is not related to our family. He was an acquaintance of my brother, Justin. Alan is a well spoken man who claims to be real estate savvy, pleasant and charismatic too. He was down on his luck and my mother offered meals and eventually shelter. My parents brought mostly all of our relatives from the Philippines and my mother Frances was a Care Home operator for over 30 years. They have always aided people who needed it. Mr. Takaki is a shiftless, unemployed, narcotics abuser who took advantage of my mother. He supposedly did errands for her to pay respect for her aid. I specifically asked him once why he was around, his response is, "I'm doing out of the goodness of my heart because your mom treats me like her son too!"
I suspect he was taking my mother's pain medications as he went to the doctor's office to help her keep her prescription current. She was on a narcotic pain med for arthritic pain/muscle spasms. She took it sporadically and she hated the feeling of it and refused to get a new prescriptions. This is when his discontent started, plus he became aware of the many holdings my mother had and tried bringing her in with lawyers and real estate agents to plan improvements and sell her properties. My mother initially engaged the Shigemura's, husband lawyer, wife real estate agent, she did not agree with their suggestions and eventually fired them. Alan was angry cause he got cut off of maybe a promised bonus from the Shigemura's.
We have no physical address or know of Mr. Takaki's whereabouts. I know he was incarcerated and have heard he's put liens on other people who did not get with his get rich scheme or banked him, these people are like my mother who showed him nothing but friendship first. He has also tried putting lawsuits on former employers for getting hurt on the job which started his narcotic addiction.
To our knowledge he is homeless, does not hold a job and did not at any time tell my mother Frances that he was doing "professional services" for her that was billable. That is his claim hence the lien on all Frances Miguel's properties. Frances is an 88 year old woman, who was already elderly when this all started. As her only daughter, my husband and I are trying to do the right thing by her. We could wait to inherit her debt but are trying to be proactive and relieve it instead. There are many other issues that we are also trying to take care of for her if it's in our power and abilities to do so.
We hope you take all this into consideration and allow us to pay off her debt on this property with this mortgage.Very RespectfullyMrs. Julie Miguel Puma
Submitted: 22 days ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 22 days 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.
I am afraid there is no easy way to remove this lien. If you have no idea where this person is, you are going to have to file a suit in the superior court to vacate the invalid lien and you will be required to prove to the court you made all reasonable efforts to find Alan to serve him with the suit and summons and upon doing so you would ask the court for leave to serve him by publication (which is done in the newspaper). If he fails to respond to the suit, then the court will remove the lien from the property.
I am sorry to say though that the court is the only way to remove this lien and you will need a local attorney there to file to remove it and it is possible that if you win this suit to ask the court to award you attorney's fees from him as well for placing the invalid lien.
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