Question for Lawyers/Title company employees

[Duece22]

I'm a Realtor and have never come across this in the last 2.5 years. I have a property almost to the closing table. I am both the sellers and buyers agent. When the title company did the title search, there were 5 liens against the property. We have gotten 4 of the pay offs, but the 5th one is a judgement that is dormant and hasnt been refiled. They are telling me we have to go through the lawyer who filed the judgement to get the payoff but the bank has stated that they will provide a payoff and a lien release to be filed through the court to close out that judgement. This has been on going for alittle over a week with no response from the lawyer who filed the judgement.

Is this correct that we have to get everything through the lawyer that filed? Seems that the bank is the one who owns the debt and should be able to give the payoff and lien release.

[Casslaw]

Every state, bank/lender is different but the lawyer shouldn’t really have anything to do with this. Certified copies of the records from the clerk’s office is what is needed when I’ve come across issues like this.

If the lien has expired, and it’s no longer valid then a certified copy of that document should suffice.

Good Luck

[grandbassslayer]

5 liens, good grief is that normal?

[Duece22]

5 liens, good grief is that normal?

No it's not normal. Typically, its just a mortgage. This one wasnt typical. It was 5300 sq ft that still needed a kitchen and flooring not including the full finished basement.

[Duece22]

Every state, bank/lender is different but the lawyer shouldn’t really have anything to do with this. Certified copies of the records from the clerk’s office is what is needed when I’ve come across issues like this.

If the lien has expired, and it’s no longer valid then a certified copy of that document should suffice.

Good Luck

Yea it's been a royal PIA..holding up a 800k sale and we dont get to many of those in my neck of the woods.

That's my thought to Casslaw but they keep telling me they have to go through the lawyer to make sure the lien is removed. My seller and buyer(lawyer himself) are getting frustrated.

[lakefolk]

Yea it's been a royal PIA..holding up a 800k sale and we dont get to many of those in my neck of the woods.

That's my thought to Casslaw but they keep telling me they have to go through the lawyer to make sure the lien is removed. My seller and buyer(lawyer himself) are getting frustrated.

who is "they" ?

[Bryanmc57]

who is "they" ?

Pretty sure it's the title company.

[Duece22]

Pretty sure it's the title company.

This would be correct.

[BigSexyPhoenix]

That doesn’t sound right to me. What if the attorney doesn’t practice law anymore or is deceased? There has to be a way to get the lien removed

[Bryanmc57]

That doesn’t sound right to me. What if the attorney doesn’t practice law anymore or is deceased? There has to be a way to get the lien removed

I would think a lien release from the bank would satisfy both the title company and the Clerk of the Court.

[NitroZ7]

Not sure what state you are in but in some states the Clerk of Court can provide a payoff to satisfy the judgment and calculate the accrued statutory interest due. Might be worth a call to the clerk. I have done this in Florida before without going through the attorney or the judgment creditor. In Florida they issue a Clerk's Satisfaction of Judgment.

[dmc575]

Took my buddy and his family 3-4 weeks to get a release of lien for one outstanding and old lien his father had (son buying house from his mom and dad).

Some title companies are idiots. Not the best idea, and not sure about your relationships. But maybe getting all the details...and pow wowing with another title co officer might be able to get it done. Title company sound like they are nitpicking...and nitpicking is a personal/company decision some times.

If my solution works, I would like a referral since you mentioned that sales price.

[ringo]

My wife is in real estate and worked with a title company for 12 years. She says here inTN, that you do not.need to go through the lawyer, just have to get a release from whoever is the lien holder in the judgment.

[Bryanmc57]

Some title companies are idiots.

That's a fact. When I sold my house in Texas I was already out of state and wanted to give my realtor Power of Attorney to handle the closing. The title company refused to allow it because she might have had a conflict of interest. She was MY agent, the buyers had their own agent.

[dmc575]

That's a fact. When I sold my house in Texas I was already out of state and wanted to give my realtor Power of Attorney to handle the closing. The title company refused to allow it because she might have had a conflict of interest. She was MY agent, the buyers had their own agent.

exactly, great first hand example! the title company is insuring title and theyre names stamped on it. Some of them are too worried, or too black and white with things where they cant/wont make it work. This seems like one of those situations to me. Seems like a technical issue instead of a HOLD THE PRESSES type of issue. I dont know though. Just a thought worth trying.

[Duece22]

Took my buddy and his family 3-4 weeks to get a release of lien for one outstanding and old lien his father had (son buying house from his mom and dad).

Some title companies are idiots. Not the best idea, and not sure about your relationships. But maybe getting all the details...and pow wowing with another title co officer might be able to get it done. Title company sound like they are nitpicking...and nitpicking is a personal/company decision some times.

If my solution works, I would like a referral since you mentioned that sales price.

I've talked to the creditor and she told me that if title send paperwork she could have it turned around and back to them in 20 minutes

[Duece22]

Took my buddy and his family 3-4 weeks to get a release of lien for one outstanding and old lien his father had (son buying house from his mom and dad).

Some title companies are idiots. Not the best idea, and not sure about your relationships. But maybe getting all the details...and pow wowing with another title co officer might be able to get it done. Title company sound like they are nitpicking...and nitpicking is a personal/company decision some times.

If my solution works, I would like a referral since you mentioned that sales price.

I dont have a relationship with them, the buyer picked this company. I use one just down the street and we would have had this taken care of in a day or 2

[dmc575]

I dont have a relationship with them, the buyer picked this company. I use one just down the street and we would have had this taken care of in a day or 2

thats what im saying. other relationships and reaching out to other title companies. Speak to your title people, with as exact detail as you can give them. If they can close it asap, switch.

[NitroZ7]

See if you have a similar statute in your jurisdiction as the one below that we have in Florida. If so you can probably fix this issue in a few hours:

55.141 Satisfaction of judgments and decrees; duties of clerk.—(1) All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.
(2) Upon such payment, the clerk shall execute and record in the official records a satisfaction of judgment upon payment of the recording charge prescribed in s. 28.24(12). Upon payment of the amount required in subsection (1) and the recording charge required by this subsection and execution and recordation of the satisfaction by the clerk, any lien created by the judgment is satisfied and discharged.
(3) The satisfaction of judgment executed by the clerk must be substantially in the following form:

Satisfaction of Judgment by Clerk

The undersigned Clerk acknowledges on this day of (month) , (year) , receipt from (identity of party making payment) of $ (total amount received) , comprised of $ face amount of the judgment; $ interest accruing on the judgment through the date of payment; $ costs of issuance of any execution; and $ for recording.
Pursuant to section 55.141, Florida Statutes, said sum is paid to satisfy the lien and to discharge that certain final judgment in favor of (name of judgment holder) whose last known address, if known, is (address if shown on face of judgment or in recorded affidavit pursuant to section 55.10(1), Florida Statutes,) against (name of judgment debtor) recorded in Official Records Volume/Book , page of the public records of County, Florida.
Upon the execution of this satisfaction, said judgment is satisfied and discharged.
If an address for the judgment holder was provided under section 55.10(1), Florida Statutes, I certify that a copy of this notice has been sent to the judgment holder at said address by certified mail with return receipt requested or by registered mail if the notice is to be sent outside the continental United States.
Clerk of Court

(4) If an address for the judgment holder was provided under s. 55.10(1), the clerk shall formally send a copy of the satisfaction to the judgment holder at that address by certified mail with return receipt or by registered mail if the notice is to be sent outside the continental United States. If an address is not provided under s. 55.10(1) or if delivery cannot be effected to such address, the clerk may, but is not obligated to, make reasonable attempts to locate the judgment holder. The discharge of the lien by the issuance of the satisfaction is not dependent upon the delivery of notice by the clerk.
(5) Upon application of the judgment holder, the clerk shall pay over to the judgment holder the full amount of the payment received, less the clerk’s fees for issuing execution on such judgment, if any has been issued; less the clerk’s fees for receiving into and paying out of the registry of the court such payment; less the clerk’s fees for recording the satisfaction of judgment; and, if the clerk incurred expenses in locating the judgment holder, less the reasonable expenses so incurred.

[Duece22]

See if you have a similar statute in your jurisdiction as the one below that we have in Florida. If so you can probably fix this issue in a few hours:

55.141 Satisfaction of judgments and decrees; duties of clerk.—(1) All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.
(2) Upon such payment, the clerk shall execute and record in the official records a satisfaction of judgment upon payment of the recording charge prescribed in s. 28.24(12). Upon payment of the amount required in subsection (1) and the recording charge required by this subsection and execution and recordation of the satisfaction by the clerk, any lien created by the judgment is satisfied and discharged.
(3) The satisfaction of judgment executed by the clerk must be substantially in the following form:

Satisfaction of Judgment by Clerk

The undersigned Clerk acknowledges on this day of (month) , (year) , receipt from (identity of party making payment) of $ (total amount received) , comprised of $ face amount of the judgment; $ interest accruing on the judgment through the date of payment; $ costs of issuance of any execution; and $ for recording.
Pursuant to section 55.141, Florida Statutes, said sum is paid to satisfy the lien and to discharge that certain final judgment in favor of (name of judgment holder) whose last known address, if known, is (address if shown on face of judgment or in recorded affidavit pursuant to section 55.10(1), Florida Statutes,) against (name of judgment debtor) recorded in Official Records Volume/Book , page of the public records of County, Florida.
Upon the execution of this satisfaction, said judgment is satisfied and discharged.
If an address for the judgment holder was provided under section 55.10(1), Florida Statutes, I certify that a copy of this notice has been sent to the judgment holder at said address by certified mail with return receipt requested or by registered mail if the notice is to be sent outside the continental United States.
Clerk of Court

(4) If an address for the judgment holder was provided under s. 55.10(1), the clerk shall formally send a copy of the satisfaction to the judgment holder at that address by certified mail with return receipt or by registered mail if the notice is to be sent outside the continental United States. If an address is not provided under s. 55.10(1) or if delivery cannot be effected to such address, the clerk may, but is not obligated to, make reasonable attempts to locate the judgment holder. The discharge of the lien by the issuance of the satisfaction is not dependent upon the delivery of notice by the clerk.
(5) Upon application of the judgment holder, the clerk shall pay over to the judgment holder the full amount of the payment received, less the clerk’s fees for issuing execution on such judgment, if any has been issued; less the clerk’s fees for receiving into and paying out of the registry of the court such payment; less the clerk’s fees for recording the satisfaction of judgment; and, if the clerk incurred expenses in locating the judgment holder, less the reasonable expenses so incurred.

Found a similar statute. Sent it to title company this morning.