Legal Question in Real Estate Law in New Jersey
In process of selling house. title showes a mortage lien dating back to 1985. i'm sure the loan was paid but probly never recorded. called the bank and they said their records only go back 10 years and they can' help me without some form of payment documentation. how do i clear the lien to sell the house?
2 Answers from Attorneys
One option is to file a suit to clear title naming the lender as a defendant. In the usual course, you would also allege that the lender was paid and failed to clear title as is required by law. So, you will also sue for slander of title and damages for the statutory violation. Unless the lender can come up with the note, you will probably win on the title action. To win on the other points, you will have to show that you actually paid. The difference is a matter of the burden of proof. � Whether you will have to escrow funds to sell the house depends on how much time you have. � My firm handles matters of this type, however the efficiencies in this matter may be influcenced by your lawyer's location. If I can be of further help to you, call or email. � See also: http://info.corbettlaw.net/lawguru.htm
You could file a lawsuit to clear title. That is the most expensive way to do it, however.
Call me, and I will see what I can do to assist.