The house was my uncles he passed away and my grandfather owns it now. The liens are about 20 years old and one of the company’s that has a liens is out of business and did not merge with anyone another company won’t release any information about it.
I changed the practice area to real estate . You did not state when your uncle passed away, or who owned the property when the liens were placed on the property. Right now, it is not possible for marketable title to convey to you unless and until the liens are paid and/or released. It is generally the responsibility of the seller (the owner) of the property to obtain a release of the liens. It is possible that the liens were paid but never released (payment is not enough; a separate document needs to be filed to indicate payment was made). Look through the financial records of the responsible party - were the liens paid? It is likely the current owner will have to file a petition in the Circuit Court where the property is located to obtain the release. If the liens have not been paid, then money will have to be paid to the court and held until claimed by the proper party. Consult with a local real estate attorney for more information.
The answer provided is for general purposes only, and in no way establishes an attorney-client relationship.
You don't say what type of lien is on the property - this is important as there is a statute of limitation on how long a lien can be enforced against property, and from your facts you may be very close to that time period. You need an experienced real estate lawyer to conduct a complete title search, or review the results of one, and advise you.
AVVO is designed and good for simple, general questions that will get you to the 'next step' for legal situations. Sometimes all people need is a simple answer. From the facts you’ve given, it seems that you need a lot more than an internet answer. Find and sit down with an experienced attorney in your area – AVVO has a ‘search’ feature that can help you.
Answers provided are general in nature and usually based on Virginia law. If I answer something posted from another state I'm probably out on a limb. Reliance on any answer posted here is at the sole risk and responsibility of the user, and in no way creates or implies an attorney client relationship with the author, his firm, staff, family or even his dog. And isn't it silly that we have to cover our *(&%$ with disclaimers in case some fool wants to blame me when they screw up? Reading any answer means you agree with the above.
I agree wholeheartedly with Mr. Hart. You need an experienced real estate/title attorney to assist you with this very complex mess of a situation.
Evan Farr is Certified as an Elder Law Attorney by NELF (National Elder Law Foundation), which is approved by the American Bar Association, and is a member of the Council of Advanced Practitioners of NAELA (National Academy of Elder Law Attorneys). Evan is licensed to practice law and has offices in Virginia, DC and Maryland. NOTICE - Unless expressly stated otherwise, this communication: (1) is not legal advice absent an existing attorney-client relationship between us; (2) does not create an attorney-client relationship; (3) does not constitute an offer, acceptance, or contract amendment; (4) may contain confidential or legally privileged information protected by the attorney-client relationship and/or work product privilege; (5) is only for the use of the individual to whom it is intended by the sender to be sent, and if you are not such recipient, disclosure, copying, distribution or reliance upon this communication is prohibited; and (6) is not intended, and cannot be used, to avoid tax-related penalties pursuant to treasury department circular 230.
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