Remove lien on title

[langtusj]

What is the name of your state (only U.S. law)? San Jose, CA.

I recently tried to refinance my house and found out that somebody has put two liens on my properties. It turned out that the liens belong to previous owner, who happens to be a relative of mine. Since I purchased this house from him and did not do a proper title search/insurance, I got stuck with these two liens. I talked to the attorney who put the liens on my property and he refused to remove them and my relative also refused to make the payment so you can see I'm a tough situation.

My question is how I can make this attorney to remove the liens and go after the other guy.

Thanks

Stanley

 

[nextwife]

What is the name of your state (only U.S. law)? San Jose, CA.

I recently tried to refinance my house and found out that somebody has put two liens on my properties. It turned out that the liens belong to previous owner, who happens to be a relative of mine. Since I purchased this house from him and did not do a proper title search/insurance, I got stuck with these two liens. I talked to the attorney who put the liens on my property and he refused to remove them and my relative also refused to make the payment so you can see I'm a tough situation.

My question is how I can make this attorney to remove the liens and go after the other guy.

Thanks

Stanley

You can't. The whole POINT of a lien filing is to force payment when someone disposes of their real estate. Your failure to do proper due diligence is not his problem, it is yours.

I was your responsibility to make certain whether you were buying with clear title and that all prior lien holders were paid off at closing. There is a REASON people get title insurance when they buy real estate. And a reason they rely on professional title searchers and examiners to review the record. Just as DIY may or may not work for someone doing a given project, DIY real estate purchases may result in unexpected costs as well.

You now have the unexpected expense of paying off those liens to clear title. You MAY have the right to go after your seller, depending on the purchase contract language and type of deed, so see the attorney you should have seen before buying the place.