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burnsie_1129 · Jul 31, 2008, 09:47 AM

Mother in law passed away the house is in estaste husband is buying out sisters and title going into his name but now lawyer is saying have to go to court to clear title cause the PERSON BEFORE mother in law had a lean from 1960 she bought in 1968 umm she had the deed and title of the house this has never been brought up before what is the game plan for this we are having a hard time believing that lawyer has to go to court to clear when the statue of limits should have been up already??

JudyKayTee · Jul 31, 2008, 09:54 AM

Originally Posted by burnsie_1129

Mother in law passed away the house is in estaste husband is buying out sisters and title going into his name but now lawyer is saying have to go to court to clear title cause the PERSON BEFORE mother in law had a lean from 1960 she bought in 1968 umm she had the deed and title of the house this has never been brought up before what is the game plan for this we are having a hard time believing that lawyer has to go to court to clear when the statue of limits should have been up already???????

The lien obviously did not expire - I would trust the Attorney (or find another Attonrey you do trust).

I would also ask how the Attorney who closed on the property when your mother in law purchased it missed the lien or didn't insist that it be paid before she took ownership.

Is it a construction lien or a lien resulting from a Judgment?

burnsie_1129 · Jul 31, 2008, 10:13 AM

Not sure just know that it was put on by the loan company?? And that company is out of business now... yes we asked the same ? About whe she required the hosue apparently that lawyer does not have any files left regarding this because after so long they destroy them...

JudyKayTee · Jul 31, 2008, 10:15 AM

Originally Posted by burnsie_1129

not sure just know that it was put on by the loan company ??? and that company is out of business now...... yes we asked the same ? about whe she required the hosue apparantly that lawyer does not have any files left regarding this because after so long they destroy them.....

The Attorney is the one who made the mistake - this should have been caught then. The info will be available at the Clerk's Office or on the title exam.

Amazing that this could go so long -

ScottGem · Jul 31, 2008, 10:17 AM

When your MIL purchased the house, she likely got title insurance. She if you can find out who issued it. The title company is supposed to indemnify her against such things. They are responsible for clearing it up.