2006. probate atty said that since its 5 years past maturity , there are papers we can file through the court to have the lien removed. need documents with instructions.
the personal loan was not with a bank but with a private individual, however , the house was used as collateral. we assume the loan was satisfied because they havnt contacted anyone or visited the house in over 5 years, we just dont have the release of satisfaction that the bank needs for refinance and cant find the individual. probate attorney is not assisting with this matter as it was paid for 2 years ago and put through probate. cant afford more attorneys fees. upside down with this house.
To "file through the court" means initiating a quiet title action. This could be expensive and take several months to complete. If you think that the loan has been paid, you should call the lender to get a satisfaction. If you cannot find the lender, you should talk to the title company doing the title work for the bank. Ask them if they can delete the exception in the title policy because the mortgage in now unenforceable. Only when you have tried those things should you bring an action to quiet title.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
Your probate attorney will have anything you need. Ask him/her.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : firstname.lastname@example.org : Wills, Trusts, Real Property, Probate, Special Needs: Information provided here is anecdotal and should not be relied upon or considered legal advice. Every matter is different and answers given here are general in nature and may not reflect current Florida law at the time you are reading this posting. Please contact me if you feel you need additional assistance with your matter.
Family Law Attorney
If you pay a little more, the probate attorney will handle it for you.
Every legal matter is fact specific, and there are often nuances in every case. This is intended for comment only, and does not create an attorney client relationship.
I agree with the previous answers and sometimes a quiet title action can clean this mess up. You will need to file a lawsuit and then serve proper notice to the individual and that may take some time or special permission from the court. Then if they have a valid claim they have to come prove it or you get to remove the lien. It is not self help law and it will take some time but it is possible.
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