Legal Question in Real Estate Law in Arizona

property/liens

My crazy ex-boyfriend filed a false lien on both my room-mates and ex-in-laws houses. He didn't have any judgement from the court, he just went down to the recorders office, paid his $14.00, and got the liens. My room-mate is trying to refinance his house, found out about the lien,and went to were Don works and asked him to take it off. Don told him to give him his two Harlys and he would. Joe said no, so Don went and got a restraing order on him. Now, we find nout he has to pay an atty. to get it taken off.

What can we do???


Asked on 5/17/08, 4:41 am

1 Answer from Attorneys
James Jenkins Jenkins Law Center PLC

Re: property/liens

What Don did is not legal, and the court will order the liens quashed, but only after filing a lawsuit. Don can be held for a judgment for attorneys fees and costs, but the homeowners will have to pay that up front.

I do not know the facts on the Harleys, so cannot comment on that. If they are being held and are really Don's, that could get the holder in the same problem as Don.

Perhaps a mediator could settle this. A mediator does not work for either side, but is a middle man who helps facilitate a settlement to avoid protracted lawsuits and the costs and expenses. We offer mediation services at 480.835.1500, and free information is available on the process. Or, hire an attorney.

Best regards,

James D. Jenkins

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Answered on 5/17/08, 5:20 pm


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