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Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 41624
Experience:  Texas Attorney for 30 years dealing in real estate
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We have not made a mortgage payment since 2010. The lien on

Customer Question

We have not made a mortgage payment since 2010. The lien on the property is on the home and one acre. We own the other 5 acres of the property. We live on a ranch that prohibits subdividing any of the lots. The mortgage company tried to foreclose on the property but the HOA attorney stopped this, citing the HOA rules. My question is-does the mortgage company have a valid lien on the home and one acre or is that now invalid and we own all the property free and clear?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Ray replied 2 years ago.
Hi and welcome to JA. I am Ray and will b e the expert helping you tonight. You would need to file a suit to quiet title here and have court remove the lien and award you clear title.Since they were unable to enforce the lien likely they would not contest it here.But this is the way to get lien removed from the property and have it awarded to you. It would be the nest step here to clear off the liens and debts and award you clear title to the property.This would then allow you to market the prperty or keep it with a clear title. I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 2 years ago.
The lien here is likely voidable in such a suit and the court would award you clear title here.
Expert:  Ray replied 2 years ago.
Reference to suit to quiet title.. You have rights here to reclaim this through such a suit in your courts in your county here.

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