What to do if a lawyer filed a lien in error against my wife’s condo 5 years ago?

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What to do if a lawyer filed a lien in error against my wife’s condo 5 years ago?

She was not aware of the filing until we started the short sale process. The lawyer sent us the document showing the lien was to be removed but apparently never filed the paperwork. Now this 2nd mistake might cause our short sale to fall through. What legal recourse can we take against the lawyer if his mistake ends up ruining the short sale?

Asked on December 28, 2012 under Real Estate Law, California

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I would immeduate contact this lawyer about the problem that you have written about demanding a recorded full release of the lien by a certain date. If not done, then your legal recourse would be for a slander of title action and all damages resulting. Perhaps you may want to retain a real estate attorney to assist you in the matter to save the short sale?


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