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  • Feb 24, 2007, 12:40 PM
    jlcblc75
    Real Estate Law
    How do I personally file a lien on a piece of property.

    A week before closing on a new home, the tittle company called and stated the tittle was not clear and we could not close. The reason was that a previous buyer of the lot had placed 3 liens on the property. We do not want this house now and fear the developer will not return our money.

    Thanks for any help you can give me.
  • Feb 24, 2007, 12:53 PM
    excon
    Hello jl:

    You need the services of a real estate attorney. I wouldn't do ANYTHING before I consulted and HIRED one. There is no other advice to give you. Without sounding like I'm chastising you, you needed an attorney from the get go. I don't know how your contract was written or who wrote it. I don't know if it allows you to cancel. I don't know what it says about who is responsible for what IF it gets cancelled.

    All of those things matter. If you had an attorney, it would have been written so that you easily could cancel and get your money back. If the contract was written by the developer, then I'll bet it favors him, and may not allow you out, and may provide for him to keep your money.

    I don't know the answers to those things. If you compound your mistake by continuing to act on your own behalf NOW, then for sure, you can kiss your money goodbye.

    excon

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