Legal Question in Real Estate Law in California

I have a notorized document that put a lien on my property. The signature on the document is 100% not mine. What do I do? Where do I start?


Asked on 2/23/11, 11:01 am

3 Answers from Attorneys

This lien acts as a "cloud on title" for your property. In other words, any time that you try to sell or encumber the property you are going to have difficulty because of the lien.

If the lien was not authorized by you, you can file a lawsuit to "quiet title" and get rid of the lien. If I were you, though, I would find an attorney roughly in the vicinity to handle the matter.

Let me know if you want to discuss this.

Caleb

email: [email protected]

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Answered on 2/23/11, 11:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Step one is to determine whether the lien is fraudulent, mistaken, or proper.

There are several kinds of liens that can be placed on someone's real property without their consent, including mechanics' liens, judgment liens, tax liens, assessment liens, and vendor's liens. Normally, it'd be pretty easy to figure out why such a lien has popped up on your property. Maybe someone did some work on the property. Maybe you lost a lawsuit, or defaulted on one. Could even be an unpaid tax or assessment.

If the lien is out-and-out fraudulent, you should probably make a police report, and maybe consult a lawyer as well, especially if you need help figuring out the type of lien or in preventing any adverse consequences.

If the lien is due to someone's mistake, call it to their attention. Maybe a contractor or materials supplier used the wrong address in recording a mechanic's lien.

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Answered on 2/23/11, 11:43 am
Anthony Roach Law Office of Anthony A. Roach

I'd start by seeing an attorney. He or she is going to want the notary's journal.

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Answered on 2/23/11, 12:04 pm


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