Legal Question in Real Estate Law in New York

Unknown Lien Found on Paid For Property
I have recently finished paying the mortgage on a private mortgage. The house was quit claim deeded to a woman who quit claim deeded the house to me several years ago. I paid the mortgage off. They have now told me there is a lien against the property by Higher Education Loans for 2 owners ago. Am I resposible for this lien? I am ready to file the mortgage satisfied papers, yet am afraid to because of this lien. What can they do to my property?

Asked on 3/04/04, 3:12 pm

3 Answers from Attorneys

David Slater David P. Slater, Esq.

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Re: Unknown Lien Found on Paid For Property

Yes you are responsible. This is why title insurance is to be used when purchasing a home.

Answered on 3/04/04, 3:36 pm

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Walter LeVine Walter D. LeVine, Esq.

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Re: Unknown Lien Found on Paid For Property

If you did not do a title search when you purchased the home, you missed a lien that attaches to the property and becomes the responsibility of the successor owner. As such, it becomes your liability. If you did a title search and they missed the lien, you may have a claim against the title company. If you used an attorney and he failed to have the title checked, you may have a claim against him. I need more facts to give you a better answer. You could also consider going after the original borrower to get the lien paid.

Answered on 3/04/04, 3:51 pm

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