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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31729
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I found a cloud on my title. Is there a way to have it

Customer Question

I found a cloud on my title. Is there a way to have it removed?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Roger replied 1 year ago.

Hi - my name is ***** ***** I'll be glad to assist.

What is the cloud you're trying to remove?

Customer: replied 1 year ago.
I own a building in Bethany MO with a unsecured private note.The note holder put her note for sale signed an option agreement the notified the company of a cancellation. After her notice to cancel the Mortgage company filed and recorded the option agreement against my property as a lien. The option agreement was with Patrica Preiner and they put this cloud on my building. What is the process to have it removed?7.Option Agreement dated July 08, 2015 and recorded August 19, 2015 in Book 698 at Page 117,
in the Office of the Recorder of Deeds, Harrison County, Missouri between Patricia Premier,
grantor to Coley Mortgage Investments, Inc, Yehaia Ibrahim, grantee.
8. Rights
Expert:  Roger replied 1 year ago.

Thanks.

The only way to resolve this would be to file suit to remove cloud and confirm title (in your name). You would have to sue the lienholder and ask the court to remove the lien as it is improper and not a legitimate lien on your property.

Customer: replied 1 year ago.
Can you recommend a lawyer in Bethany MO?
Customer: replied 1 year ago.
What would be a rough estimate on the cost of a situation like this?
Customer: replied 1 year ago.
Are you still answering?
Customer: replied 1 year ago.
If I sue and win can I get refuned my expense for the legal cost?
Expert:  Roger replied 1 year ago.

The best way to find a lawyer would be to visit www.martindale.com.

Expert:  Roger replied 1 year ago.

You can search for a real estate lawyer in your area via this site. As for costs, that really depends on how much fighting you have to do. It could cost a few thousand dollars or more than ten thousand.

Expert:  Roger replied 1 year ago.

Also, you can seek your legal costs and expenses from the court, but it's not guaranteed. Usually, attorneys fees are awarded only if there's no legal justification for the actions of the other party.

Expert:  Roger replied 1 year ago.

If you need anything further, please let me know. If not, please take time to positively rate our conversation so I may receive credit for assisting. Thanks.

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