I wish I could help. I have another client who inherited property from her father, but when she tried to sell it, she discovered that there were two mortgages on the property. The estate had been closed for about 4 years and the banks would not quote a payoff for her to sell the property because she was a borrower on the note.
I had to file a quiet title action. One bank (in first position) did not file an answer and the court ordered their lien released. The other bank (in second position), with a small amount due, did file an answer. We have offered to drop our case if they will agree to quote a payoff when the propery sells, but they are not cooperating. Not sure what is going to happen.
It is ridiculous that banks are preventing properties from being sold, due to their liens, but they won't take any steps to foreclose. More than 4 years without a payment or any attempts to collect, should be grounds for extinguishing the lien, but I can't find any law to support that.
I don't know how to deal with these situations.
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