What is the name of your state? New York
IT WAS SUGGESTED THAT I POST THIS QUESTION IN THIS CATEGORY VERSUS LANDLORD/TENANT SO YOU MAY SEE IT IN THAT CATEGORY TOO...
Over the past year,m I have assumed the responsibility of Power of Attorney for my mother who had a stroke last year. What I am currently trying to do is get a lien released off of her condo so that I can sell it and use the monies for her care. What I have learned is that there is a lien on the condo and I think it should come off... here's why:
My father was a lawyer and had his office in an office building. My father was a tenant as a corporation instead of as an individual for legal reasons. When the landlord decided to sell the building, my father decided to stay on in the building longer than the landlord wanted tenants to stay. Well, my father eventually left and then died soon thereafter. About a year after his death, the landlord filed a case against my mother and his partner's widow.
The decision rendered at the end of the case was that the landlord/plaintiff could not pierece the corporate seal of my father and his corporation to get the monies owed to them. But as part of this case, in 1998, the landlord/plaintiff slapped a lien on a condo that my father and mother had bought in NY at the beginning of the 80s. The interesting part of this is that my father took his name off of the condo deed in 1984 and the deed was in my mother's and her aunt's name only until my aunt died in 1998 and then it has been in my mother's name only ever since.
So, there shouldn't be a lien on the condo, right? It is not been nor has it ever been part of my father's estate except when they first bought the condo. And, it was not part of my father's estate when the lien was put on the condo. So, if I am correct, how do I get the lien released? Can I go directly to the landlord/plaintiff and show them the deed and tell them this information? Do I have to use a lawyer to get this lien released? What do I do????
IT WAS SUGGESTED THAT I POST THIS QUESTION IN THIS CATEGORY VERSUS LANDLORD/TENANT SO YOU MAY SEE IT IN THAT CATEGORY TOO...
Over the past year,m I have assumed the responsibility of Power of Attorney for my mother who had a stroke last year. What I am currently trying to do is get a lien released off of her condo so that I can sell it and use the monies for her care. What I have learned is that there is a lien on the condo and I think it should come off... here's why:
My father was a lawyer and had his office in an office building. My father was a tenant as a corporation instead of as an individual for legal reasons. When the landlord decided to sell the building, my father decided to stay on in the building longer than the landlord wanted tenants to stay. Well, my father eventually left and then died soon thereafter. About a year after his death, the landlord filed a case against my mother and his partner's widow.
The decision rendered at the end of the case was that the landlord/plaintiff could not pierece the corporate seal of my father and his corporation to get the monies owed to them. But as part of this case, in 1998, the landlord/plaintiff slapped a lien on a condo that my father and mother had bought in NY at the beginning of the 80s. The interesting part of this is that my father took his name off of the condo deed in 1984 and the deed was in my mother's and her aunt's name only until my aunt died in 1998 and then it has been in my mother's name only ever since.
So, there shouldn't be a lien on the condo, right? It is not been nor has it ever been part of my father's estate except when they first bought the condo. And, it was not part of my father's estate when the lien was put on the condo. So, if I am correct, how do I get the lien released? Can I go directly to the landlord/plaintiff and show them the deed and tell them this information? Do I have to use a lawyer to get this lien released? What do I do????