Legal Question in Real Estate Law in New Jersey

Statuate of limitations on liens?

In January 1990, a lawyer had me sign over my mortgage to guarantee payment of any legal fees I incurred in pursuing a divorce. This was before that was declared unlawful. Since then there has been no action taken by him, but I am unable to refinance my home because of the uncertainty. Also, at the time of this lien, the co-owner of the property was not consulted (the lawyer said his approval was not necessary) so his name does not appear on the lien agreement. Is there a statuate of limitations where this lien becomes inneffective? DO I have any recourse?


Asked on 2/24/04, 2:09 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Statuate of limitations on liens?

You do not say whether or not there is an outstanding bill due the attorney for any services rendered. If there was no consideration given you for the mortgage you seem to be entitled to demand that it be discharged. I suggest contacting the attorney and demanding that he promptly issue a discharge to clear your title. If he refuses, you can both sue to compel him to do it, and bring an ethics complaint against him for refusal to do it. However, if there are any open fees, you would probably have to pay them before the discharge is issued. If he is not around (you do not say why you have been unable to get the discharge) you can still seek a court order compelling him to do it, but this might be more complicated since you might have to advertise the start of the suit. I suggest retaining a real estate attorney familar with these problems to assist you.

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Answered on 2/24/04, 4:25 pm


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