Ask Experts Questions for FREE Help !
Ask
    asword's Avatar
    asword Posts: 2, Reputation: 1
    New Member
    		  
    #1

    Feb 10, 2011, 10:19 PM
    Can a Title Co. refuse to remove a Judgement Lien?
    I found out during closing of my escrow that a lien was place due to a lawsuit that I was never notified of. I went to the court after filing a Motion to Vacate Judgement. Per the judge's findings, it was determined I was never properly notified so the Motion was granted. The findings state that the default and judgement are vacated and set aside. It also states that all "writes, levies, and abstracts are recalled and quashed." The judge did this in order for my escrow to close without liens. The Title co. is refusing to remove the lien until my court hearing next month. Is this legal?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #2

    Feb 11, 2011, 04:54 AM

    The title company cannot remove a lien, all they do is report the current status. You need to go to the Recorder of deeds and have the lien removed based on the court order. You then present proof that the lien has been removed at closing. The order you have may be sufficient, but its best to nail it down.
    asword's Avatar
    asword Posts: 2, Reputation: 1
    New Member
    		  
    #3

    Feb 11, 2011, 07:56 AM

    Thanks for that info. That actually sounds logical. I just wished the court had informed me of that instead of wasting another day. I'll try to go down this morning. The recorder may be closed today but I'll post an update later.
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
    		  
    #4

    Feb 11, 2011, 01:06 PM
    Quote Originally Posted by asword View Post
    ... The Title co. is refusing to remove the lien until my court hearing next month. Is this legal?
    Quote Originally Posted by asword View Post
    ... I'll try to go down this morning. The recorder may be closed today but I'll post an update later.
    The recorder's office can't "remove the lien" from their records. The best they can do is to record the court order quashing the judgment.

    What you will have, when all is said and done, is a complete history of the matter:
    • judgment lien recorded
    • judgment lien quashed

    From that history, the title policy will reflect that this lien is not currently in effect.

    The title company may be concerned that, if they don't show it on the policy, and if the plaintiff eventually gets a judgment against you and makes a claim against the property, they could be liable to the buyer. Whether the exception in the title report is something to be concerned about (I don't think it is.) is up to the buyer's attorney to figure out.
Not your question? Ask your question View similar questions
 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

House but I have no ownership of it I am not on title how do I remove this lien [ 5 Answers ]

Judgement lien [ 3 Answers ]

A few months ago a collection agency contacted me stating they represented a local hospital and they were sueing me. I contacted them and disputed the amount, but later realized the amount was correct. They offered me to make arrangements. A few days before the court date, I called and made...

How to remove a Judgement Lien [ 2 Answers ]

I am a real estate agent with a seller client who must sell her home; she is divorced and her X signed a quit claim deed 2 years ago. Prior to the divorce being final and prior to the signing of the quit claim deed, her X had a judgement lien from Capital One recorded against the property. Capital...

How to pursue small claims judgement against a landlord who refuse to pay [ 5 Answers ]

Hello all, I need help to pursue a landlord I won a judgement on. I recently sued a landlord who rented me a house that was infested with mold. I won the case and now the landlord won't pay up. The landlord is a real estate broker with her own real estate company. I want to know if I can...

View more questions Search