He recorded it,I was never notified of it until I did a title search. I am thinking of selling the house but the lien will not give me clear title. He just filed a lien...what recourse do I have? I do not think it is valid and I know he has no proof it is. They claim they have equity in the house since they rented it for 9 years with no Land Contract.
Can he foreclose on me?1st mortgage is more than house is worth!
Real Estate Attorney
ORC 1311 governs lien laws. Unfortunately, whether the lien is valid or not, you still have to deal with clearing up your title. You could file a Quiet Title lawsuit or you could provide the lien holder with a notice to commence suit. (See Ohio Revised Code 1311.11). This is not a simple and easy process and either way you will be spending time and money getting it resolved. Sometimes the cheapest and fastest option is to offer a nuisance settlement in exchange for removal of the bogus lien.
As far as whether he can foreclose? Yes, if he has a "valid" and duly executed lien, he could foreclose on it. But, you seem to indicate the lien is at least highly questionable. Best of luck.
I am licensed attorney in Ohio & Kentucky. Posting a response to your question or issue does not create an attorney-client relationship and I am not providing you legal advice. Every case is fact specific; therefore my response should not be construed as a legal opinion. You should speak with an attorney who is licensed in your state to whom you have provided all the facts, before you take steps that may impact your legal rights or right to recover damages. This communication does not create an attorney-client relationship with Joseph L. Beyke or Mills, Mills, Fiely & Lucas, LLC.
Real Estate Attorney
You do not indicate what type of lien
If a judgment lien then there is an underlying lawsuit
This can be checked at the courthouse
If simply an Affidavit of Facts then not a lien
The title company should be able to refer you to a good real estate attorney to figure out what needs to be done
Lemon Law Attorney
You may want to try to clean this up on your own but don't. Anything that involves real estate can be very important to handle correctly. Otherwise, you could end up spending lots of time and money later on, trying to straighten out errors in the title records that may endanger ownership rights. Real estate rights are too important to take a chance on something being done wrong. And the real estate laws can be different from state to state. You need to talk to a local Real Estate law attorney. You can look for one here on Avvo under the Find a Lawyer tab. Or you can call your local attorney's Bar Association and ask for a referral to a Real Estate law attorney near you. But act quickly because for every legal right you have, there is only a limited amount of time to actually handle a problem or file case in court or your rights may expire (it's often called the statute of limitations), so don't waste your time getting to a Real Estate law attorney and finding out what your rights are. If this answer was helpful, please give a “Vote UP” review below. And be sure to indicate the best answer to your question so we can all be sure we are being helpful. Thanks for asking and Good Luck. Ron Burdge, www.BurdgeLaw.com
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