Legal Question in Real Estate Law in Oklahoma

lien release if party has passed away

The deed is in my name and my moms, as are the taxes. The women that has the lien on the house passed away in 1994, her stepson had power of attorney for her estate. We then paid him, then he passed in 1997 and his wife took over payments. Later in 1997, we paid off the house. I sent a letter with the last payment requesting the lien release. She answered that I needed to have the papers drawn up. I told her that she needed to do so. Well neither one of us did so. Now I need to sell the house and I am unable to find this person. I sent a letter to the last known address and it was returned to sender no forward address. What do I do about a lien release.


Asked on 4/22/03, 5:24 pm

1 Answer from Attorneys
Hunt John Urgentlegalcare.com

Re: lien release if party has passed away

It will probably be necessary to do a "Quiet Title" legal action naming the woman who first held the mortgage, her heirs and assigns. These type of lawsuits can normally be handled for between $500-750, plus costs. Because there may have never been a determination of this ladies heirs, nor apparently a proper appointment of a Personal Representative of her Estate, even if you find the wife of the step-son and get a release of Mortgage from her it would not stand up to a proper title examination since there would be no reason to accept that she had the power to grant a mortgage release. If the step-son was acting under a power of attorney that power ended upon the death of the step-mother.

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Answered on 4/23/03, 4:02 pm


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