Posted on: 20th Nov, 2010 03:05 pm
Is it legal for the first mortgage not to release their lis pendens lien after the owner paid off the mortgage in full and the owner was given a "Deed of Release" so that the cross-plaintiff can file a judgment using that same lien for a sale of the same property.
Welcome bettyrunner,
If the mortgage has been paid off in full, then the lender should release the lien and give the owner a lien release certificate. It would be illegal if he does not do so.
If the mortgage has been paid off in full, then the lender should release the lien and give the owner a lien release certificate. It would be illegal if he does not do so.