In The Legal Loop

Quiet Title

Quiet Title

by Marc E. Leibman Esq.

Kaufman, Semeraro & Leibman, LLP, has extensive experience handling complex and thorny real estate issues. For example, we recently successfully concluded a quiet title action with the following facts:

The Plaintiff was married in the late 1950s to a husband who put their marital home in his name alone, but never told her.  He later defaulted on a loan which was secured by a mortgage that he had taken out against the home without telling his wife. The husband then sustained a $1,000,000 judgment against him.  This judgment became a lien on the property.  Complicating this lien was the fact that the lender/lienholder was a bank based out of Macau, China.  Additionally, another mortgage (which predated that loan) was placed on the property by an individual residing in Hong Kong.  Many, many years later, this couple divorced and the husband remarried.  He subsequently died.  His former wife, our client, then decided to sell her home which she kept after the divorce.  It was at this time that she learned that her deceased ex-husband had never changed the title on the house from his name to hers, as was originally contemplated by their divorce agreement, and as he promised he would do.  She was put in a position whereby she had been living in and maintaining a piece of real estate for decades which she had no ability to sell.  She was concerned that her deceased ex-husband’s subsequent wife, and now his widow, would try to claim the home.

On her behalf, Marc Leibman, Esq. filed a complaint to quiet title to cancel and discharge the mortgage issued by the bank in Macau.  After gathering all of the necessary documents, we were able to convince the court (1) to discharge the mortgage; (2) cancel the lien that had been placed on the property because it had expired; and (3) enter an Order that no other claimants had an ownership interest in the home.  As a result of our efforts, the Plaintiff finally has her home in her name and she may now sell it.

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