Legal Question in Real Estate Law in New Jersey

Lien placed on our home by a company that's out of business.

I am selling one of our houses...I am currently under contract with a buyer and we were ready to go into closing until a title search revealed there was a lien placed on our house due to an old bill over 18yrs old from a out of business pool company. The pool company sold the debt to another mortage company who in return sold it to another mortage company. Well we can not find the last company....we think they also went out of business. What can we do? We are willing to pay the $11,000 but DO NOT know who to send the money to??? We are in NJ. Can anyone HELPPPPPPP? I do not want to loose our buyer. The other company is still in business by refuses to call us back. What can we do? This is a nightmare. Please help us~!!!!


Asked on 10/18/07, 5:08 pm

2 Answers from Attorneys

Robert Davies The Davies Law Firm, P.A.

Re: Lien placed on our home by a company that's out of business.

You need some expert legal advice. You may be able to place the money on deposit (escrow) in a fashion that satisfies the buyer's title insurance company, and then close the sale. you will then need to take legal action to get rid of this lien.

I have done work like this. Please call me; I never charge for the first telephone call.

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Answered on 10/18/07, 9:14 pm
John Corbett Corbett Law Firm LLC

Re: Lien placed on our home by a company that's out of business.

You have at least two issues here. The most immediate is how to complete the sale of the house. Mr. Davies has given you good advice to which I add that, if the lien is a judgment lien, there may be 18 years of interest to be added to any amount in escrow. You should factor that into your thinking.

The second issue is whether and how the lien can be removed. That depends on what kind of lien it is. If it is a judgmemt lien, it will still be good. A challenge at this time will be more difficult because of the time but more likely to succeed because the other parties are unavailable. If, however, the lien is a construction lien (which used to be called a mechanics lien), it will have expired by law and it should be pretty much an administrative process to have it removed and get you the money.

Regardless, you will still need some legal help. My firm handles matters of this type. If I can be of further help to you, call or email.

See also: http://info.corbettlaw.net/lawguru.htm

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Answered on 10/18/07, 10:08 pm


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