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Ask MIAMILAW1127 Your Own Question
MIAMILAW1127, Lawyer
Category: Real Estate Law
Satisfied Customers: 755
Experience:  Founding Partner at Moises Law, P.A.
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We are in the process of selling our house to our son. Today

Customer Question

We are in the process of selling our house to our son. Today they are to sign all the paperwork with the title company. Yesterday the title company called and said there is a 10K lein on the house but they are unable to find who the lein belongs to because the name and address do not belong to a finance company. What can be done.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: It's in California. The name on the lein is a company that does not exist and the address given belongs to a residence.
JA: Has any paperwork been filed?
Customer: I refied my house in May 2007. In the same package was an equity line of credit, so everything was signed at once. For three months I received a bill for the equity line of credit and the new mortgage. Three months in, Chase bank bought the loan and that's who I started making the house payments to. As soon as Chase became my new owner of my loan, I no longer received a bill for the equity line of credit. Not knowing banking, I assumed it had all been assumed by Chase bank and combined. The equity line of credit was called CBUSA and thats the name of a construction company. There is no bank or lender called by this name. Title company has done an extensive search and can find nothing on this lein other than it recorded (it recorded 13 months after Chase picked up the 1st
JA: Anything else you want the lawyer to know before I connect you?
Customer: Is there anything that can be done to keep this sale from falling through
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  MIAMILAW1127 replied 11 months ago.

Hello. Thank you for contacting me. I am a consultant here and I am looking forward to assisting you with your question. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Please be patient as I will be typing my responses to you from scratch. Also, I can only answer/address the questions you ask specifically based on the information your provide. Please try to provide as much information as possible so I can best assist you.

Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

The lien must be addressed prior to being able to close. All due diligence must be done in an attempt to payoff the lien or attain a satisfaction of lien prior to closing. The deal will not be able to close until such time as either of those things happens.

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