What to do if a lien was filed on a loan that never happend?

My boyfriend received the property as a gift from his grandparents. In 2015 his mother had him sign papers for a $54,000 loan and filed a lien on his property. He never received any money and we recently sent her a debt verification letter. Instead of verifying the debt she files a notice of default and says the property will be sold off in January. She is doing this out of spite because of me, proof of that is that she gave me eviction papers. How do we nip this in the bud so that we can live in peace even though she is our next door neighbor.

Asked on September 15, 2017 under Real Estate Law, Idaho

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Hire an attorney. There is a mechanism to bring a legal action to have a court remove an improper or invalid lien, and this can (and should, in a case like this) be done on an expedited ("emergent") basis, to make sure that the lien is removed before your boyfriend's mother tries to take any further action. But this kind of action, where you ask a court to invalidate a lien (and incidentally, in this case, declare the alleged "loan" void, too), especially when you do it on an emergent basis, is procedurally complex and is not a common, run-of-the-mill matter, like suing in small claims court over an unpaid bill or minor fender bender. Don't risk losing the action due to making some procedural mistake; hire a lawyer to help you--it is well worth the investment. (And, if the mother's action is totally frivolous or baseless, you *may* be able to recover legal fees from her--it's not guaranteed, but it's a possibility in frivolous cases; discuss this with your attorney.) 


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