Can land be transferred to another party by the lienholder only, with out the signature’s of the titled owners?

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Can land be transferred to another party by the lienholder only, with out the signature’s of the titled owners?

The township needed to widen the road out front of my home for winter maintenance. My lienholder signed over 16 ft to the township, well the road is a disaster, I now have unsafe steps that their contractor put in as my only way in and out because they built up the road about 3 feet. I didn’t need steps before they dumped all this shale, now where I park is elevated with no barrier, their contractor built a tie wall that holds back surcharge, 2 parked cars without a permit, nothing done is to code. I was told all this would be done properly in exchange for the land. Do I have any recourse?

Asked on August 9, 2011 Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

A person solely holding a lien on one's real property evidenced by a trust deed or a mortgage has no ownership interest in the real property secured by the lien. As such, the lien holder to the land secured by the trust deed of mortgage has no legal right to transfer any interests in the real property to anyone.

In your situation, unless you signed some document to be recorded to your township transferring the sixteen foot wide strip of land that was also signed by the lienholder as to your real property and it was recorded with your county recorder's office, the document given to the township coveys no interest in your property from what I see.

I recommend that you contact a real estate lawyer to consult over this siutation.

Good luck.


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