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Sterling.c

Lien without judgement

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We recently purchased 50% interest in a property we are preparing to sell. However the other owner changed her mind and now refuses to sell. To further complicate matters, she placed a lien on the property claiming for the mortgage payments she made to save it from foreclosure the first time. There was no judgement from the court authorizing her lien. How do I get it removed? Can I sue her?

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Thank you for your post. This is my first time on this site and was unsure how specific to get. I understand that it is always an option to sue. Does suing to quite title or suing for slander of title make more sense.

Is it possible that she can have the lien validated during the suit?

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Can I sue her?

 

Anyone can sue anyone for anything.

 

 

 

the other owner . . . placed a lien on the property claiming for the mortgage payments she made to save it from foreclosure the first time. There was no judgement from the court authorizing her lien. How do I get it removed?

 

Not really sure what sort of "lien" this might be or why a joint owner of the property would place a lien against it.  I doubt it's enforceable, but the way to remove it is to have her do it voluntarily or sue.

 

 

 

Does suing to quite title or suing for slander of title make more sense.

 

More sense than what?  I'm not sure that either of those is the appropriate cause of action, but maybe.  Consult with a local real estate attorney.  And suffice to say that your problems are deeper than your co-owner liening the property.  I'm guessing that you don't have a written contract that governs your joint ownership, so you're likely in for some expenses that could have been avoided.

 

 

 

Is it possible that she can have the lien validated during the suit?

 

In the abstract, virtually anything is possible.

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Hi Sterling.c,

 

Welcome to the community! Thanks for posting. As others have stated, you may want to confer with an experienced real estate attorney in your area to talk about your rights and options in selling this property, and how to deal with the lien. You can use our Lawyer Directory to find a local attorney.

 

Best of luck and keep us posted!

The FindLaw.com Team

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