After HOA’s error, homeowner needs release of lien
Q: I discovered that an HOA lien intended for someone else’s property on another street shows up on my homeownership record. The lien was paid, fortunately. I only found this out because I had what is called a “nothing further certificate” run for me by a title company just before I paid off my mortgage. I had purchased my house in 1993, and paid it off in 2006. The HOA lien was placed, unknown to me, in year 2000. How can I get this record corrected? This has been bothering me for a very long time. A:
It should be very simple. Point out the error to the HOA, they can prepare a release of lien that you can record. The lien will be removed from the real property records. Q: I must close the sale of my house and have given my attorney a durable power of attorney to close the transaction while I am out of the country. The title company is putting us through the ringer over the power of attorney. They say they must call us while the closing is occurring (they are 12 hours away), and we have to reconfirm the power of attorney is still in effect and that we are still alive. What is this? Isn’t this why we have the power of attorney? A:
Well, sort of. A power of attorney expires on death of the principal, which is you. So, they have to confirm you’re still alive for that reason. We assume you have codes established to confirm your identity. The same issue can apply to the power of attorney should you wish to revoke it. It is all “belt and suspenders” at this point. It sounds to us like they know what they’re doing. Q: I come from a very large family that owns property near Houston. We have decided to sell the property, but how do we do this if we have to get 78 signatures on every document? A: You can organize a business entity and live by the rules of that organizational structure true to make decisions and sign documents.
You also can sign an agreement appointing a few people to sign documents as the agent for the whole group. In any case, get the help of professionals to assist you. These things can get complicated. Q:
My real estate agent wants to put a lock box on my house for showings. How can I keep stuff from getting stolen? A:
First, get all your valuable items out of the house. Ask your real estate agent not to show the house without the agent, or an agent from his firm, being present. . Be aware, however, that the more restrictions you put on showing your home, the more difficult it will be to show it, hence the more difficult to sell and it may also take longer to sell. Have your agent demonstrate how the lock box works, and how only agents with special codes can open it.
To send a question visit and select the “Ask A Question” button. Our answers to questions do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney. George Stephens is the broker of Stephens Properties. Charles J. Jacobus, J.D. is Board Certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law.