Seeking a good lawyer...

[Old School Chic]

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]

You may be able to get some free advice from these guys.

http://www.troubleshooter.com/

[batman2883]

I'm a lawyer in training does that count?

[batman2883]

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 bull 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?

[Trainwreck2100]

Are the Initials of this person AL?

[1Parker1]

^^What kind of law do you want to eventually practice?

[Old School Chic]

You may be able to get some free advice from these guys.

http://www.troubleshooter.com/

no, thanks.

[Jelly]

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]

Its bull 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]

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]

Is your aunt from here.

[spurster]

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]

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 le company and see if they can recommend one for you.

[Old School Chic]

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]

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]

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]

http://www.trla.org/

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

[Old School Chic]

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]

http://www.trla.org/

This is the link to a legal aid office that I used when my landlord was being a , 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]

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]

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. ) It's too bad that there are cretins in this world that try to take advantage of people this way.

[Old School Chic]

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. ) 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]

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

[tlongII]

I'm not a lawyer, but I did stay at a Holiday Inn last night.

[kris]

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.