North Tonawanda, NY asked in Real Estate Law, Land Use & Zoning and Legal Malpractice for New York

Q: Can a mortgage be discharged if there are still liens/Judgments on it?

We are in the process of buying a home and the process has been dragging out. we are now a full month passed our scheduled closing date. We have multiple stories coming from the lawyers stating there are judgments on the home. We waited 3 weeks for the lawyer to tell us the seller agreed to pay 3x the escrow and now have waited another week for our lawyer to chase a form from the title insurance for her to do so. seller happens to be my fathers neighbor and told them there are no dues on the home at all that the house has been paid off for years. Public records show the mortgage was discharged over a month ago. When i called the lawyer to tell him the seller had told us this information he said he had received a call that morning saying the judgments were paid off.. something seems super fishy here. So im looking for some help.

1 Lawyer Answer
Michael David Siegel
Michael David Siegel
  • Real Estate Law Lawyer
  • New York, NY
  • Licensed in New York

A: Do you have a lawyer? Do you have a title company? These are issues that you as a layman do not handle.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.