Legal Question in Real Estate Law in New York
My friend is trying to close on her house. Her ex-husband (as of 2008) had an accident in 2010. He was on the deed until right before the accident. The lawyer has stated that there is a lean on the mortgage for $6000 in his medical costs but he was not on the deed at the time of collection. What needs to be done to fix this so she can close on the sale of her house?
4 Answers from Attorneys
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She should ask her lawyer and if she does not have one, then she should get one.
A court proceeding to vacate the lien.
I agree with David that she might need to bring a suit to clear title. Depending what her divorce judgment says about the house, if she were the sole owner as of the divorce date, this might assist her in having the lien removed by the attorney that filed it without going to court. A court proceeding still might be needed.
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