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-   -   How to remove a lean by lawyer on our house? (https://www.askmehelpdesk.com/showthread.php?t=557011)

  • Feb 22, 2011, 09:04 PM
    davidu001
    How to remove a lean by lawyer on our house?
    My dad has a lean on his house by his ex-wife lawyer.
    The Lawyer put a lean on the house to secure that my dad will pay his ex-wife and he already paid her
    And he still has a lean on the house but he won't remove it unless we pay him and my dad does not have the money right now to pay the lawyer to remove the lean on the house.

    We have proof documents that we have paid her.

    So my question is why does the lawyer still have a lean on the house if we have already paid my dads ex-wife
  • Feb 22, 2011, 09:18 PM
    lilpoppa
    Ods are your dads ex's lawyer is just trying to take advantage of him not knowing the law. I recommend you do some research. It is likely your dad only needs to file a document(and proof of payment) with the court responsible for issuing a settelment in her favor, and a judge will likely issue an order mandating he remove the lean from your dads house.
  • Feb 22, 2011, 11:12 PM
    AK lawyer
    Quote:

    Originally Posted by davidu001 View Post
    ... a lean on the house ...

    Quote:

    Originally Posted by lilpoppa View Post
    .. an order mandating he remove the lean ...

    The word is "lien".

    Liens only matter when one wants to sell or mortgage the property. Does your dad want to do either at present?

    If the judgment has been satisfied, he has a right that a satisfaction of judgment be entered. He should demand that his ex wife give him such a satisfaction. If she doesn't, sue her.
  • Feb 23, 2011, 05:04 AM
    ScottGem

    The lien could have included attorney's fees. So the attorney may be within his rights to not remove the line until the full amount owed is paid.

    As AK pointed out the lien only comes into play if your father wants to sell.

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