So I am cleared to close by my bank on a property I am purchasing from my mother. We get one day from the closing date and her attorney calls and tells me there is a problem. While my mother paid off the house in 2000 there seems to be three outstanding liens on the property. Not that unusal but none the less, a problem.
The first lien was placed on the property by my grandfather to collateralize a cash loan of $2,500.00 to my parents in 1974. The second placed by Mobil Oil Corp as a guarantee of payment for a Mobil Gas Station my parents owned in 1972 with a limited liability of $3,000.00. And the third was placed by Chase Bank in 1988 in the amount of $8,000.00 for what we do not know at this point.
Being that my mothers attorney stated that the Mobil Oil lien would be the most difficult to get cleared, I chose to tackle this first, because, well let's face it, we FICO members love a challenge. Inside of 72 hours I had a freashly dated lien satisfation in my hands! Well done, if this was the tough one, bring it on.
I than began to work on the lien issued by my grandfather. He pasted away in 2001 with my grandmother passing a few years later in 2006. I was told by my mothers attorney that all I would need is to have the executor of his will sign off and we could move on to clear Chase Bank's lien. After speaking wit the probate court in South Carolina, it was determined that niether my grandfather or grandmother had executor's for their will's. So I am stuck and can't move on to the final lien.
Does anyone know if there is a way in New York State to have a lien released if the person who placed the lien is deceased and does not have an executor to their will? Any help or direction would be great.
