Legal Question in Real Estate Law in New Jersey
lien on house by someone who is deceased over 10 years
My dad sold his house and it came to light that a deceased man had a lien on the house for 60K@9% interest=205k. The man canceled the lien years ago but died befroe it was in writing. Now over 10 years later, the money is being withheld in escrow from the sale. What can he do to prove the deal was canceled and no dead person's estate has bothered to collect it. Is there an expiration on liens on houses? How can he get the money back out of escrow?He contacted the estate executress and never got an anwser from her about the lien prior. HELP.
2 Answers from Attorneys
Re: lien on house by someone who is deceased over 10 years
You need a lawyer's assistance with this. It may need to go to Court, too.
Give me a call if you would like. I am in Hackensack, right across from the Bergen County Courthouse. I can speak to you on the telephone, but it will take more than just a brief telephone call to assist you with these issues.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru. This website, LawGuru, will NOT let me list my phone number in this response.
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Re: lien on house by someone who is deceased over 10 years
This may be a bit of an administrative mess, but it should not be a big legal problem. The Constuction Lien Law now and in the past, requires the lienholder to bring suit within a period of time or the lien expires. In the case that you describe, it seems that the lien would have expired long ago. Judges make those decisions; title clerks do not. The solution is in what is called an action to quiet title. Your father sues to have a judge remove the lien. He probably won't even need to address the merits of the original claim because it it very old. The problem is that it will take some time to do this because notice has to be given to the lienholder's estate and the exectutriz has to have the opportunity to answer.
My firm handles matters of this type, however it may be easier for you to work with a lawyer whose office is closer to you. (You did not give your Zip code. My firm is in Marlton.) If I can be of further help to you, call or email.
See also: http://info.corbettlaw.net/lawguru.htm
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