Legal Question in Real Estate Law in New York

Forclosure with lien

My father (deceased) received a summons naming his company as a defendant due to the company having a judgement lien on a property being forclosed on.

The summons states that the lien appears to be prior to the mortgage and is seeking to have the lien declared invalid and extinguished.

Is the mortgage holder required to satisfy the lien?

If we wish to relinquish the lien do we need to respond to the summons?

Thank you.


Asked on 5/22/08, 1:54 pm

1 Answer from Attorneys
jeffrey lazroe Jeffrey A. Lazroe attorney at law

Re: Forclosure with lien

This is an interesting question. Normally a lender will not give a mortgage if there is a prior lien, unless it is satisfied.

There could be extenuating circumstances. I have had this happen in the past, with varried results when representing the judgment holder.

If the judgment happened after the mortgage is recorded, there is really nothing that you can do, and you can relinquich the lien by just not responding to it.

However, if the judgment was recorded prior to the mortgage you should contest it vigorously, as you could put the mortgage holder in a difficult position where he would have to pay off your judgment, or at least settle with you.

If you would like to discuss this matter with me further, please feel free to contact me.

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Answered on 5/27/08, 10:52 am


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