Real Estate Law

Have Real Estate Law Questions? Ask a Real Estate Lawyer.

Ask a Lawyer,
Get an Answer ASAP!

Real Estate Law

My wife and I are trying to clear a lien that was put on our

Customer Question
property from a friend of...
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: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 1 hour by:
11/18/2016
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 1 year ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 121,018
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified
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.
Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page , as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.
Ask Your Own Real Estate Law Question
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 121,018
121,018 Satisfied Customers
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
Got disconnected... In re: to my real estate questions, is
Got disconnected... In re: to my real estate questions, is this attorney a Texas attorney? … read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,286 satisfied customers
Is cold calling still legal for real estate agents?
is cold calling still legal for real estate agents? … read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,018 satisfied customers
My question is in regard to real estate in south Florida.
Hi! My question is in regard to real estate in south Florida … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I need a real estate attorney advise on cancellation of a
I need a real estate attorney advise on cancellation of a purchase agreement and release of deposit money in escrow. A brief summary of events are as below; 10/06/2017: Entered into Purchase Agreement… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Real Estate Question. In received notice to collect a debt
Real Estate Question. In received notice to collect a debt on a house in Monroe County, PA. I haven't lived in that house for at least three years (i co-signed to help my sister and her son) I was for… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I was wondering if real estate property was held in a sole
I was wondering if real estate property was held in a sole prop and more real estate was aquired to fix up and then held as rentals would it be wise to split the sole prop into real estate and constru… read more
WiseOwl58
WiseOwl58
JD Honors Graduate
3,698 satisfied customers
I need a real estate lawyer who knows real estate in Oregon
I need a real estate lawyer who knows real estate in Oregon I need a lawyer who specializes in real estate law in the state of Oregon. I am quitting my current property manager and I will be managing … read more
Irwin Law
Irwin Law
Juris Doctor JD
7,089 satisfied customers
This matter is regarding real estate but I don't see that
This matter is regarding real estate but I don't see that option or tab listed. … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
I need to ask a question about real estate/mortgage contract
Hi I need to ask a question about real estate/mortgage contract law in Philadelphia … read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I am looking for a cancellation of contract for real estate
I am looking for a cancellation of contract for real estate form … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
Real estate question. NC. Mortgage. Need to know if fha pr
need to know if fha pr va loans will allow for spring water instead of well… read more
N.Brown ESQ
N.Brown ESQ
Juris Doctorate
17 satisfied customers
In commercial Ohio real estate is their such an agreement as
In commercial Ohio real estate is their such an agreement as a NNN lease that is also a land contract installment which offers some type of equity ownership during or after the lease terms ?… read more
Law Educator, Esq.
Law Educator, Esq.
Lawyer
121,018 satisfied customers
If I'm a mortgage banker, can I own a real estate brokerage
If I'm a mortgage banker, can I own a real estate brokerage and have my agents use me as their preferred lender? … read more
Phillips Esq.
Phillips Esq.
Attorney
Juris Doctor
18,327 satisfied customers
I have a real estate question related to Florida Real Estate
I have a real estate question related to Florida Real Estate law. … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
28,114 satisfied customers
Are there HUD restrictions on how much escrow a mortgage
Are there HUD restrictions on how much escrow a mortgage company can ask for? I found a rule under Additional Collections that says it can be no more than one-sixteenth of total annual requirements, b… read more
lucy7368
lucy7368
Juris Doctor
763 satisfied customers
Real estate law I'm the seller i signed real estate contract
Real estate law I'm the seller i signed real estate contract now i dont want to sell I initialed the contract instead of signing the sale price was illegible so the seller sent an amendment for me to … read more
Damien Bosco
Damien Bosco
3,376 satisfied customers
I have a Reverse Mortgage and became behind on real estate
I have a Reverse Mortgage and became behind on real estate taxes. I entered into an installment agreement with Riverside County, which my lender ignored and paid in full with the County. Now the Lende… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I sent USD$6000 to a real estate's escrow account to buy a
I sent USD$6000 to a real estate's escrow account to buy a set of 6 properties. The sellers pulled out at the last moment and the deal fell through. The realtor says he can't send the money back to me… read more
Attorney 1
Attorney 1
2,571 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x