Tuesday, November 25, 2014

My father died 2 years ago I am executor of trust and selling his property but escrow found a judgement lien on property and I cannot find l...

Question

My father died 2 years ago I am executor of trust and selling his property but escrow found a judgement lien on property and I cannot find lien holder what can I do



Answer

You can try and work something out with escrow to hold funds or have the attorney for the estate handle it. If no attorney for the estate then you may want to retain an attorney to take care of this matter. If you have more detailed questions feel free to call my office 818 345-0123.



Answer

Very simple. Complaint to quiet title will solve the problem.



Answer

A judgment lien means there is a judgment, which means the court file shows who obtained the judgment. Contact the party or attorney of record on that file. You have the burden of finding them to clear the lien in order to be able to sell. If they are actually untraceable, you can either bring an expensive quiet title lawsuit, or you can get a bond to cover the amount of the lien. Hire an attorney that knows how to do these things. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.



Answer

Usually escrow will withhold funds, and most title companies will bond around a recorded lien that cannot be satisfied. I suggest speaking with an attorney for a more in depth review of the matter. I also disagree with Mr. Sussman, because a quiet title action is not used to clear a valid judgment lien.



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