Legal Question in Real Estate Law in Illinois

Bogus (Fraudralent) Lien Filed Against Our Home

We started a church in a rental property. The landlord had both of us sign the lease. The landlord offered to increase our sq.footage and provided us with a new lease. We were present only 5 hrs/wk for 8 years and left the property in better condition then b4. After we moved out, the landlord wanted us to pay $5000 to ''repair'' the walls he had removed for our growth as well as to replace carpeting that he, himself, had pieced in which never matched the original square footage. When we refused, he sent an itemized list for a total of $7500. We had our attorney notify him that we would not be extorted and the answer was still no. Now, two years later, we tried to refinance our home at 1.75% savings in interest only to find out that a lien for almost $9000 has been placed against our home thus prohibiting from refinancing. We obtained a copy of the lien and found this man had lied on three places on the form, the fact that the work had been done, the timeframe in which in claims it was done, and that he supposedly sent us a certified letter (date left blank)which we never received or else we would have taken steps to have it removed in March of 2002 when he originally filed it. What can we do?

Asked on 2/26/04, 11:56 pm

2 Answers from Attorneys

Mary McDonagh McDonagh-Faherty Law Offices

Re: Bogus (Fraudralent) Lien Filed Against Our Home

You need to take him to court

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Answered on 2/27/04, 9:12 am
Thomas Moens Moens Law Offices, Chartered

Re: Bogus (Fraudralent) Lien Filed Against Our Home

I don't know what kind of effective lien he could have placed against your home. Can you give anymore information about what kind of lien this purports to be? This is probably a case of slander of title, in which case you would need to contact an attorney.

The only way a lien could attach to your home in this case would be if he obtained a judgment against you. The only way he can obtain a judgment against you is if you were properly served with summons and complaint and a trial was held (unless of course you failed to respond to the complaint, in which case a default judgment could be taken against you).

I see from you zip code you are in East Moline. My office is in Moline. I would be happy to discuss this with you further if you would like. You can email me at [email protected]. Please add "Law Guru Inquiry" to your subject line.

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Answered on 2/27/04, 9:53 am

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