How can I get an unjustified lien removed from the title of a home that I am buying the seller was not properly notified

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Customer: How can I get an unjustified lien removed from the title of a home that I am buying the seller was not properly notified of legal action all in a court proceeding
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: Wanted to get legal advice first but the realtor is going to try and reschedule the closing date
JA: Where is the property located?
Customer: In in Prince George's County Maryland Clinton Maryland
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The lien was placed on the property by and Elderly Care Facility they say they were entitled to any profits from the sale but this tale is not rendering any property just to pay off the loan also they only send any information to the Rest Home in the elderly vacation home owner was not aware not understand the situation there's a power of attorney family member working on behalf who was who was not properly notified of the pending actions
Answered by Barrister in 3 mins 7 months ago
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Barrister
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Barrister
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Barrister
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Barrister, Expert

Hello and welcome! My name is ***** ***** I am a licensed attorney and I will do my best to help with your situation.

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I know your question is important, but there may be a short delay in my responses as I type out an answer or reply

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I have read your post and I am sorry to hear you are having to deal with this situation as I realize it can be frustrating and confusing.

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Barrister, Expert

It isn't up to you as the buyer to get any liens removed as it is the seller's duty to do so because they have to convey clear title to you unless they are simply selling with a quitclaim deed.

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If the bill from the care facility wasn't paid, then they can file suit and get a judgment and then file a lien on the property.  If the seller was not given proper notice, he can file a motion to vacate the judgment with the court and claim that his procedural due process rights were violated.  This would normally require him to hire a local real estate law or civil attorney to assist.

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But at the end of the day, it is up to the seller to handle this so they can convey clear title to you.

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Barrister

Customer
Hello and thank you for your reply I was in the process purchasing a home and all of a sudden the Elder Care Center place the lien on the property now everything is on hold they say they went to court but the power of attorney who is representing the homeowner was never notified of any legal action from the Elderly Care Facility it seems as though somebody is doing something underhanded people to prevent the sale also I am at work now but I may have to call you back later on today my telephone number my name ***** ***** my telephone number 703 899 70-26 Best Buy call you back later on today just let me know what time the process works thank you
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Barrister, Expert

I am unable to take a phone call. However, there are many experts on the site that are able to have a conversation by phone. As soon as someone is available, they will give you a call if you have requested a call. In the meantime, you can continue to chat with me about your question here for no additional charge as it never hurts to have two opinions.

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Barrister, Expert

If the owner is still mentally competent, then the facility doesn't have to notify a POA... they just have to notify the owner if there is an unpaid bill and they are suing.  The owner is the defendant here, not the POA, so they just have to serve the owner with any suit.

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Barrister, Expert

If the owner is incompetent, then the facility would have to serve any legal guardian that had been appointed to manage the owner's affairs.

Customer
but thank you is really best if I call after I get off work and back home would like to talk with you if I could contact you can you send me your contact information and I'll call you later on today or this afternoon you were selected for this particular problem need to speak to someone who is knowledgeable a real estate of this particular situation
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Barrister, Expert

I do not offer the phone call service.   If you wanted to pay for the phone call option, another attorney who offers that service would call you.

Customer
I'm not sure how the program works do I just call the same number back this afternoon or do I need some type of access code
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Barrister, Expert

I am on my home office computer working on the JustAnswer website.  They may be texting you from their website number..

Customer
Okay I understand I'll just reconnect this afternoon from my home computer and maybe then I should be able to speak with someone can't really do it now at work thank you very much I must hang up now but feel free to send me any information basic information that you feel would be helpful thank you
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Barrister, Expert

Sure, take your time as the question will remain open for you.

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Barrister, Expert

I hope I was able to clear up any questions you had about the situation.

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