How can I clear state judgement liens without old owners consent?

Question

So I have a situation where we have taken 2 properties quit claim knowing what the max liens could have been on them.  From what our title company is telling us, the old old owner (2 purchased ago) is the only person who can sign a 3rd party authorization for our title company to contact the state about the liens, and eventually pay them.

This person is refusing to allow us to contact the state about the liens.

Basically our attorney is telling us that a quiet title action is the only other solution if we can't get the old owners cooperation, which is a long and expensive process.

Is there any other way to get the info on these liens and pay them without the old owners consent?

Rick H. · Answer

Why isn't your attorney contacting the state agency regarding the liens?

They most certainly have legal authority to obtain such info.

Personally, I'd have a conversation with another law firm and then discuss this with current legal team about how they represent your best interests. It still may be that your preferred action is QTA.

Remover, you purchased with QCD and accepted risk in return for (?) something. The speed of acquiring may be offset by costs and delay of curative process for marketable title.

If it were me, I'd begin lobbying to make some friends inside the agency that you will no doubt encounter in the future, too.

John Horner · Answer

BTW Yes the old owner did not know this, but I also think she knew that they were paid off already and didn't want me to get away with not spending more time on this and making me wait.

John Horner · Answer

Hey this is awesome and I love the info.  I actually did something very similar to this this morning.

So I called and like you said, they couldn't give me any info on these.  BUT, they said I could use the case # to call the Clerk of Courts and get the serial #, which I could then use to call in and pay the amounts.  I didn't actually have to pay the amounts, but obviously they would give me the amounts before asking for payment, besides it is all an automated system.

So I did this and they kept telling me that these are not good serial numbers.  So I got back on the phone with a person at the Attorney General's office and just asked why my serial # wasn't good... next thing I knew she said she needed my address to mail me the releases.

All these liens have already been paid off... It is RIDICULOUS that they try to stop the owner of a property from finding out that the current liens shown on MY property are already paid off, but those liens will cloud the title until removed.

Wayne Brooks · Answer

Agreed, I've never seen a governmental lien that couldn't just simply be paid off.  Title co.s get pay offs, for the purpose of passing title, for liens/mortgages all the time without written authorization from the debtor.

Bill Gulley · Answer

Account Closed

It's Ohio, can you help John out here?

Seems odd to me that they can't find a lien any other way or accept funds from a title company, what gives? :)

John Horner · Answer

They have contacted the state, and the state said without the SSN and authorization of the debtor they would not be able to provide that information to us.

Samuel R. Harden · Answer

@John Horner,

Out of curiosity, I called an agent I usually work with at the Attorney General office. He said their hands are tied as far as releasing that information, but suggested a work around. Whomever the current deed owner is (you or your entity) should file the title payoff request, listing the property address you are trying to get info on. You'd have to do one for each property. Since the lien is tied to the property, it might show up the payoff amount without the involvement of the prior owner. The problem to consider is, if you get the information and pay it off, where/who are they going to send the lien release to? It won't do you any good to pay it off if that person won't file the lien release with the court.

There is usually a 72 hour turn around time on those requests, so at least you'll know whether it works or not by early/mid-week next week.

Wayne Brooks · Answer

@John Horner Just curious, what kind of liens are these?  Really odd a person wouldn't be happy you're paying off some of their debt.

Samuel R. Harden · Answer

Does the old old owner know you're trying to pay off his back taxes free and clear? Some people just don't know how to take a win.

Jay Hinrichs · Answer

@John Horner  you guys have over reliance on attornies in your closing process.

WE would be doing this work without an attorney.. actually our title company would handle it for us.. and if they got no where then we go to the state and pound on the door..

the state wants money you have the money.. they should or will take the money.

you step in and do the leg work... My guys that do the deals with all the hair.. they also negotiate substantial discounts on this stuff. rare is it that they pay face value.

How can I clear state judgement liens without old owners consent?

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