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I have a house that I am selling. I have 2 liens on the

Customer Question
I have a house...

I have a house that I am selling. I have 2 liens on the house that I filed bankruptcy on years ago. They are telling me that I myself am released from the debt but that the Liens are attached to the house. I called my attorney and he didn't file one paper that would have release the Liens, so he told me to get a title insurance company to write over them. The one that my escrow is using says they can't do that is that true? my attorney says otherwise. The two liens are a second that was with INDYmac that went out of business and I have not heard from anyone since 2007. The other is a small lien from a contractor that they want interest on the 2300.00 that I put in my bankruptcy years ago. Any suggestions? Rose

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Filed what?

Lawyer's Assistant: Where is the house located?

Corona california. We are in escrow right now and my escrow company is trying to find who bought the second

Submitted: 2 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
5/30/2018
Real Estate Lawyer: Ray, Lawyer replied 2 months ago
Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 48,882
Experience: Texas Attorney for 30 years dealing in real estate
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question, conduct and prepare your response.

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Real Estate Lawyer: Ray, Lawyer replied 2 months ago

The legal remedy here is a suit to quiet title and have the court remove the liens.The court orders give you clear title.You are unlikely to get a title to overwrite this until you file such a suit and clear them.

A quiet title action must be brought in the superior court of the county in which the real property is located. Once the action is before the court, the court has complete power to determine title issues. [Code Civ. Proc. §§760.040, 760.050]

Pleading Requirements

A complaint to quiet title must be verified and must contain all of the following information [Code Civ. Proc. §761.020]:

    1. a description of the property that is the subject of the action. This must include both the legal description and the street address or common designation, if any.
    2. the title of the plaintiff as to which a determination of quiet title is sought. If the complaint is based on adverse possession, the complaint must allege the specific facts constituting the adverse possession.
    3. the adverse claims to plaintiff’s title.
    4. the date as of which the determination is sought. If the determination is sought as of a date other than the date the complaint is filed, the complaint must include a statement of the reasons why a determination as of that date is sought.
    5. a prayer for the determination of plaintiff’s title against the adverse claims.

The plaintiff must name as defendants all persons known or unknown claiming an interest in the property. [Code Civ. Proc. §§762.010, 762.020] Any person who claims an interest in the property can join in the action, whether or not named as a defendant. [Code Civ. Proc. §762.050]

Notice Of Pending Action (Lis Pendens)

A notice of pendency of action is required in any quiet title action. [Code Civ. Proc. §761.010]

A "notice of pendency of action" or "notice" is a notice of the pendency of an action in which a real property claim is alleged. [Code Civ. Proc. §405.2] Formerly known as a "lis pendens", a notice of pendency of action provides constructive notice to purchasers or encumbrancers of real property of any pending actions affecting title to or possession of the real property and enables those parties to find notice of pending litigation in the recorder’s office in which the real property is located. It furnishes the most certain means of notifying all persons of the pendency of the action and to warn them against any attempt to acquire a legal or equitable interest in the real property.

Proof Requirements

A plaintiff seeking to quiet title against a person with legal title to property has the burden of proving title by clear and convincing proof, rather than by the preponderance of evidence usually used in civil cases. [Evid. Code §662] Evidence Code §662 does not apply when legal title itself is disputed. In that case, factual issues are determined by the preponderance of the evidence standard of proof.

Trial

An action to quiet title is an equitable action; there is no right to a jury trial. Quiet title is generally an equitable claim, and equitable defenses may be asserted against it. However, if the plaintiff is out of possession and seeks to recover possession by a quiet title action, the action is legal. [Medeiros v. Medeiros (1960, 3rd Dist) 177 Cal App 2d 69, 1 Cal Rptr 696]

Judgment

A judgment in an action to quiet title is binding and conclusive on all persons known or unknown who were parties to the litigation and who have a claim to the property. [Code Civ. Proc. §764.030] The judgment will not affect title of a person who was not a party to the action if their claim was of record or if the claim was actually known, or should reasonably have been known, to the plaintiff. [Code Civ. Proc. §764.045]

Lawyer to file suit

Contact the State Bar for Help

I appreciate the chance to help you tonight.Thanks

If you can positive rate 5 stars it is much appreciated.

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Customer reply replied 2 months ago
How long of a process is it to file a quiet title?
Real Estate Lawyer: Ray, Lawyer replied 2 months ago

Probably 2-3 months.Yo would need to do addendum here.You file , serve the lenders, have court cleanse liens with orders.Then you have clear title.These lenders do this just to mess with you.

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