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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3677
Experience:  Experienced real estate lawyer and real estate broker.
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If I had a Reserve Life Estate from my mother and she passed

Customer Question

If I had a Reserve Life Estate from my mother and she passed away and someone puts a lien on the property after her name was removed from the deed, what can I do to remove this so I can sell the property
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 1 year ago.

Under Idaho law, you would have to file in the court in the county in Idaho where the property is located to contest the validity of the lien, based upon the information that you told me. The Idaho court would then issue an order to remove the lien from the property and it would be taken off, given you the right to sell the property free and clear.

You could also order a title report that would show the invalidity of the lien and still go ahead and sell the property by disclosing all to the buyer. You would still be able to sell the property, with a slight reduction in price, knowing that the buyer would have to take the action to clear the lien. But there is nothing stopping you from selling now with the lien in place, and the buyer takes on all responsibility, knowing that the lien is still there and has to be cleared.

Expert:  WiseOwl58 replied 1 year ago.

Please rate 4 or 5 and close out the question. Good luck to you. I wish you all the best.

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