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.
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Your probate attorney will have anything you need. Ask him/her.
Carol Johnson Law Firm, P.A. : (727) 647-6645 : email@example.com : 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.
If you pay a little more, the probate attorney will handle it for you.
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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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