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When wild weasels wield wicked ways...

Posted by Rick, the Probate Guy on January 22, 2010 at 10:26 PM

In Reply to: Re: Recording loan against a property that is no longer owned. posted by Stuart on January 22, 2010 at 7:18 PM

Stuart - how certain are you that this lien does not cloud title?

In my experience, title will most certainly note even a wild lien as this as an exception.

Original poster wants to know about possible criminal prosecution aganst lienor. I've never prersonally observed a case go that far; perhaps someone will offer us citation to research.

I think O.P. has a pretty good understanding of how this wild deed of trust affects his property and may have even considered how to fix the problem.

One fix is to ask title how you can bond around it (indemnification). Another, more expensive and time consuming, is to file petition to quiet title.

Of course, maybe even a strongly worded atty letter to bene of TD will do the trick, especially if they have assets!


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