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Old School Chic
08-12-2005, 02:25 PM
Does anyone here know of a good real estate lawyer?

Let me explain the problem and maybe someone here can give me some advice or recommend a good lawyer.

My aunt purchased a home (owner to owner) 18 years ago. The contract was for 20 years but she finished paying It off In 18. She based all her payments In a payment schedule that was attached on the back of the contract.
It stated that the last payment would be In July 2005. The original lien holder does not want to give my aunt the release of lien so that she can get It recorded at the courthouse. She claims that even though the house balance has been paid In full and the contract stating 20 years my aunt must continue to pay her the same monthly mortgage payment until July 2007.

IX_Equilibrium
08-12-2005, 02:30 PM
You may be able to get some free advice from these guys.

http://www.troubleshooter.com/

batman2883
08-12-2005, 02:30 PM
I'm a lawyer in training does that count?

batman2883
08-12-2005, 02:32 PM
Does anyone here know of a good real estate lawyer?

Let me explain the problem and maybe someone here can give me some advice or recommend a good lawyer.

My aunt purchased a home (owner to owner) 18 years ago. The contract was for 20 years but she finished paying It off In 18. She based all her payments In a payment schedule that was attached on the back of the contract.
It stated that the last payment would be In July 2005. The original lien holder does not want to give my aunt the release of lien so that she can get It recorded at the courthouse. She claims that even though the house balance has been paid In full and the contract stating 20 years my aunt must continue to pay her the same monthly mortgage payment until July 2007.

Its bullshit once the total amount of mortgage has been paid off, she has every right to receive the release. Tell me something does your aunt have proof that the entire mortgage was paid off in full?

1Parker1
08-12-2005, 02:32 PM
^^What kind of law do you want to eventually practice?

Trainwreck2100
08-12-2005, 02:32 PM
Are the Initials of this person AL?

Old School Chic
08-12-2005, 02:32 PM
You may be able to get some free advice from these guys.

http://www.troubleshooter.com/

:depressed no, thanks.

Jelly
08-12-2005, 02:32 PM
Does anyone here know of a good real estate lawyer?

Let me explain the problem and maybe someone here can give me some advice or recommend a good lawyer.

My aunt purchased a home (owner to owner) 18 years ago. The contract was for 20 years but she finished paying It off In 18. She based all her payments In a payment schedule that was attached on the back of the contract.
It stated that the last payment would be In July 2005. The original lien holder does not want to give my aunt the release of lien so that she can get It recorded at the courthouse. She claims that even though the house balance has been paid In full and the contract stating 20 years my aunt must continue to pay her the same monthly mortgage payment until July 2007.

I don't think you even need a lawyer for this one. She can file for the lien in court herself. If this case is a cut and dry as it sounds the matter would be resolved fairly quickly.

Old School Chic
08-12-2005, 02:34 PM
Its bullshit once the total amount of mortgage has been paid off, she has every right to receive the release. Tell me something does your aunt have proof that the entire mortgage was paid off in full?

She does. She has all of the payment receipts that were signed by the original lien holder.

batman2883
08-12-2005, 02:37 PM
She does. She has all of the payment receipts that were signed by the original lien holder.


Then she has nothing to worry about with all the receipts in hand, everything should go over smoothly, she could take the lien holder to court for trying to scam her.

Trainwreck2100
08-12-2005, 02:39 PM
Is your aunt from here.

spurster
08-12-2005, 02:40 PM
I don't have advice for a lawyer, but what the lawyer should do is send a nasty letter to the lien holder explaining that they don't have a case and threatening to sue them big time unless they release it pronto.

SWC Bonfire
08-12-2005, 02:41 PM
Is there an early payment penalty clause in the contract?

There are specific legal phrases that are important. Spend a couple hundred bucks and ask a good real estate lawyer. I know one but he insn't in SA; maybe you should call the title company and see if they can recommend one for you.

Old School Chic
08-12-2005, 02:41 PM
The lien holder took advantage of the fact that my Aunt speaks little English, but the family that does understand English and has read the contract knows that this house Is paid off. It's sad to see my aunt go through this especially because they were so excited about making the last payment. My uncle on the other hand Is real sick right now from hearing about this problem.

batman2883
08-12-2005, 02:44 PM
Yeah get a decent real estated lawyer, they can handle this like nothing, they might even be able to get money back to your aunt for damages........This is a typical scam that happens a lot.

spurster
08-12-2005, 02:46 PM
Ah, your lawyer should also tell them that the issue has been sent to the distinct attorney for investigation. It might straighten them up a bit.

Trainwreck2100
08-12-2005, 02:48 PM
http://www.trla.org/

This is the link to a legal aid office that I used when my landlord was being a bitch, if she lives in this area she may be able to take advantage of their services. Are the landlords initials AL?

Old School Chic
08-12-2005, 02:49 PM
Thanks to everyone for the advice...

I am translating to my Aunt who Is sitting right beside me as I am typing and she Is crying. I told her to have faith and let a good attorney handle this for her...

Old School Chic
08-12-2005, 02:50 PM
http://www.trla.org/

This is the link to a legal aid office that I used when my landlord was being a bitch, if she lives in this area she may be able to take advantage of their services. Are the landlords initials AL?

They are RR

probably for Rude Dog!

MannyIsGod
08-12-2005, 03:03 PM
Ok, the contract said the last payment was to be in July of 07? Or July of 05? I would think that the more important figure would be the price of the house and as long as that was paid off the contract was overwith, regardless of the dates. I wouldn't bother with a lawyer, I'd go down to the court as a person stated above and file for the lien myself.

Jelly
08-12-2005, 03:04 PM
Thanks to everyone for the advice...

I am translating to my Aunt who Is sitting right beside me as I am typing and she Is crying. I told her to have faith and let a good attorney handle this for her...

tell your aunt not to cry. If they are using the language barrier to screw your Aunt over, you might have a REALLY good case and depending on the particulars, you might very easily be able to turn the tables on these guys so that they'll be the ones crying. (and if you have a good case, you'll make some money off them in the process. :spin ) It's too bad that there are cretins in this world that try to take advantage of people this way.

Old School Chic
08-12-2005, 03:08 PM
tell your aunt not to cry. If they are using the language barrier to screw your Aunt over, you might have a REALLY good case and depending on the particulars, you might very easily be able to turn the tables on these guys so that they'll be the ones crying. (and if you have a good case, you'll make some money off them in the process. :spin ) It's too bad that there are cretins in this world that try to take advantage of people this way.

Thank you.

Old School Chic
08-12-2005, 03:10 PM
Ok, the contract said the last payment was to be in July of 07? Or July of 05? I would think that the more important figure would be the price of the house and as long as that was paid off the contract was overwith, regardless of the dates. I wouldn't bother with a lawyer, I'd go down to the court as a person stated above and file for the lien myself.


July 25, 2005

You guys are silly with that stamp from Memin Penguin :lol
http://www.boomspeed.com/woaimouse/el-manny.jpg

tlongII
08-12-2005, 03:27 PM
I'm not a lawyer, but I did stay at a Holiday Inn last night.

kris
08-12-2005, 03:37 PM
Don't do it yourself. Let someone with a legal background handle this. I suggest you try the legal clinic at St. Mary's if you cannot afford to hire an attorney.

Nbadan
08-12-2005, 04:21 PM
Call the Chris Duel show today and he'll have Jimmy Parks take care of this for you, probably pro-bono.

Old School Chic
08-12-2005, 04:23 PM
Don't do it yourself. Let someone with a legal background handle this. I suggest you try the legal clinic at St. Mary's if you cannot afford to hire an attorney.


Thank you.

2Blonde
08-12-2005, 04:34 PM
Seriously I would call the law office of Jimmy Parks. If there is not someone there who does real estate law then they would be glad to refer you to someone excellent in town. He's a great source for referrals.

...2Blonde

Extra Stout
08-12-2005, 04:35 PM
This is the kind of case that can draw punitive damages.

The conduct may even be criminal, drawing an indictment for fraud.

Is your aunt's first language Spanish? Are you in San Antonio? There should be plenty of bilingual attorneys around.

Indeed this might get referred to the DA.

kris
08-12-2005, 04:37 PM
Your welcome, SBC.

Spurminator
08-12-2005, 04:42 PM
Keep us updated. I'm very interested to see how this plays out.

Good luck.

MannyIsGod
08-12-2005, 04:48 PM
I'm no lawyer, but I see no grounds for punative damages. I see where they can enforce the contract correctly and have the lein turned over but I do not see how you would be entitled to any punative damages.

MannyIsGod
08-12-2005, 04:49 PM
And yes, I too am interested to see how it turns out.

kris
08-12-2005, 05:01 PM
I'm no lawyer, but I see no grounds for punative damages. I see where they can enforce the contract correctly and have the lein turned over but I do not see how you would be entitled to any punative damages.

Manny, you are right.

You are no lawyer.

:lol

No, just kidding... from what I've read (and batman correct me if I'm wrong) but I see no grounds for punative action either.

MannyIsGod
08-12-2005, 05:05 PM
:flipoff

:lol

kris
08-12-2005, 05:08 PM
Sorry, but I couldn't resist that jab.

ObiwanGinobili
08-12-2005, 05:08 PM
wow.
SBCGirl, I am just appalled at the BS this lady is trying to pull on your Aunt!! bitch! :flipoff

Yes! Definatly call a lawyer ( i agree w/ 2Blonde about Parks) or at least legal aid.
And do it asap before this lady can get the 1st peice of legal paperwork thru= ie. she may try to evict your Aunt for non payment.

E20
08-12-2005, 05:17 PM
Sorry to post his in a serious thread like this, I hope you get everything straigtned out but, I couldn't help myself.

I suggest going to see Lionel Hutz attoreny at law. He can get you out of really tight spots.

"Well, he's kind of had it in for me ever since I accidentally ran over his dog. Actually, replace "accidentally" with "repeatedly," and replace "dog" with "son."

Judge: Mr. Hutz, are you aware you're not wearing any pants?
Lionel Hutz: Uh, your Honor, can I call for one of those bad trial thingys?
Judge: You mean a mistrial?
Lionel Hutz: Yeah ... that's why you're the judge, and I am the law ... talkin' ... guy.

http://www.progets.com/simpsons/pics/Lionel%20Hutz%20yelling.gif