Full question:
I have a $150,000 fraudulent mortgage lien on my property. The scam artist recorded the deed against my property, payable to his now defunct company that doesn't even exist. He is wanted by the law and cannot be found. What papers do I need to file to get these liens removed from my property? The property in located in Garfield Heights, Ohio. I reside in California
- Category: Real Property
- Subcategory: Fraud
- Date:
- State: Ohio
Answer:
The law in Ohio permitsa person to file a Quiet Title action when someone else has done something that would affect on the title or ownership of the property.
Ohio Revised Code Section 5303.01 Action to quiet title. An action may be brought by a person in possession of real property, by himself or tenant, against any person who claims an interest therein adverse to him, for the purpose of determining such adverse interest. Such action may be brought also by a person out of possession, having, or claiming to have, an interest in remainder or reversion in real property, against any person who claims to have an interest therein, adverse to him, for the purpose of determining the interests of the parties therein.
Typically though, a quiet title action is not used to remove a mortgage unless there is proof that the lien has been paid.
Proof of the fraud would have to be presented and proved in court. Due to the complex nature of the cause of action particularly if the fraudulent lender is not found, it is recommended that you consult with a local real estate or litigation attorney.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
