Removal of Liens on Foreclosure

Updated on May 17, 2010
C.D. asks from Fairport, NY
8 answers

My husband owns a Marble Company and we also own a Condo that has gone into foreclosure and his clients have placed about 15 liens on this condo, we are now in the process of a divorce, I want to have these liens removed and placed upon his Marble Company being that he did the work from there and then short sale it. Can you advise me on how to start this process. Thanks

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So What Happened?

thank you everyone for the info, i will look into a Real Estate Atty and Mortage Broker and so forth.I live in Florida

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C.D.

answers from Orlando on

I cant tell you how but I can tell you that a mortgage broker could probably give you the best advice on something like that!

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D.H.

answers from Indianapolis on

Wow, that depends on a lot of questions..............is the marble company incorporated? A partnership?

I would say the first step is to contact a Real Estate Attorney.......they would know how all that works. They would also be able to tell you if the liens are able to be attached to your property and not the company............

Good Luck and take care.

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R.W.

answers from Tampa on

Do your research and find a good lawyer and let them handle everything. Hopefully you can find a honest, decent one that will not only help you with the leins but with the divorce also. There really are some honest ones out there but you have to do your research to find one.

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D.T.

answers from Phoenix on

Okay, don't hate me yet! I am a Realtor. Best advice is to talk to an attorney. The foreclosure process is different in different states. If N.Y. is a non-recourse state you may actually be better off going into foreclosure with the liens on the condo. I don't know the laws in your area, but what you are asking about is a serious issue and you should absolutley talk to a lawyer who specializes in that area of law. A realtor in your area may be able to refer you to a good real estate lawyer. Don't think about doing a short sale until you talk to a lawyer. Short sales are good answers for some, but not for all. Good luck!

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K.S.

answers from Miami on

Definitely speak to an attorney. Some liens need to be renewed every year to be valid some dont. You want to talk to an attorney pronto

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M.H.

answers from Fort Walton Beach on

You've got some good advice if you want to proceed with trying to remove the liens. The problem is anyone for any reason can put a lien on anybody's property at any time. The burden of proof falls on the holder of the property. No, it's not fair and of course if you go to court and there are no grounds it will be removed by the judge but the person can come back and put another lien on your property the next day. If someone wants something from you or even just vindictive, they can make your life miserable. We have owned many properties and usually if there is a lien on something we will get it removed right before we sell it so the person has no way to taunt us anymore. I hate to say this but disgruntled rental tenants do this stuff for fun! People that think you owe them will not go away quietly even if it was your husband's company.

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J.K.

answers from Gainesville on

You start with a lawyer. Seriously, with divorce proceedings, a condo in foreclosure, and business dealings mixed in with all that, you shouldn't do anything until you talk to a lawyer. You may need one divorce attorney and one real estate attorney as well. You can't do anything to remove those liens; the clients have to remove them. Obviously they placed them on the condo thinking they would get more from the condo than the business.
Now, for the condo alone, those liens won't affect the short sale. What will affect the short sale is if the banks will accept it. The bank that owns your loan gets paid off first, and then subsequent lienholders get paid off. Since you are going to short sale, it's likely the bank won't get everything, and the other lienholders are just SOL. Since they aren't mortgage holders though, I don't think it matters. If they are his business clients they will just pursue judgment on his business. If they aren't your mortgage holders and you didn't deal with them I don't believe they can come after you personally, but that's why you really need a real estate lawyer. Also, foreclosure proceedings vary from state to state. If you do some legal searches on legal websites dealing with New York law you can get more information that way.

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S.B.

answers from Miami on

My husband also owns his own tile, marble and wood flooring installation company, so we have some common ground! An answer to your question would involve SO many variables that an answer here would NOT be brief or accurate without additional information. The FIRST thing you should do is to talk with an attorney that specializes in that particular area of law and is licensed in the State where the issue exists. Normally, that is a $200. to $400. an hour conversation. There IS a more affordable alternative via a legal service plan which includes "unlimited telephone consultations for personal or business matters", amoung MANY other things! These plans actually cover your entire family legally nationwide for approx. $1. a day. There are a few companies that offer "legal service plans", however the industry leader is a 38 year old, NYSE Company called Pre-Paid Legal Services, Inc. (PPLSI). You can watch a 7 minute generic overview by going to the following website:

www.familyplaninfo.com

Just click on "View The Movie". It requests your name, number and email address, however, you can type in whatever you want to (Mickey Mouse and [email protected]____.com) and it will still show the overview. If you have any questions, feel free to give me a call at 888-448-1489. I have personally been a member for 7 years and use the service at least 6 times a year for various things. And YES, I did become an Associate with the Company...
It is an AWESOME service.

NO pressure, JUST valuable information!

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