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    cheshirekatz's Avatar
    cheshirekatz Posts: 1, Reputation: 1
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    #1

    Jun 14, 2006, 08:23 PM
    Lien is haunting me!
    An old lien came up 2 years ago when I bought a house right before I divorced my husband. My husband and I agreed that we would split our debt and when I made settlement my lawyer told me to say that it was not my debt. I did a quit claim and my husband sold the house. My lawyer told me that my half of the debt was deducted from my share and that my husband was to pay it off. Now I am getting ready to finance my house now and the lien has come up again! I don't understand why because the house was sold and shouldn't it have come up then? It is not my fault that the lien was not collected when the house was sold. I can't reach my lawyer until next week and my husband claims that he doesn't remember anything about this. And we are supposed to go to settlement to refinance on Friday. The finance company wants me to call the lawyer who has the lien but I don't know what to tell them. Is a lien against a person or a property? Thanks for any advice. Sorry if this is rather garbled.
    educatedhorse_2005's Avatar
    educatedhorse_2005 Posts: 500, Reputation: 78
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    #2

    Jun 15, 2006, 06:52 PM
    It is against both the house and owner.
    They should not have been able to sale the house with the lien on it.
    Plus remember stuff like that stays on your credit for up to ten years.
    Cvillecpm's Avatar
    Cvillecpm Posts: 553, Reputation: 28
    Senior Member
    		  
    #3

    Aug 8, 2006, 09:25 AM
    Ask that the amount of the lien be HELD at closing - not paid to the lienhold - just held in escrow until you provide proof of the original payment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Aug 8, 2006, 09:31 AM
    I guess how did your husband "Sell" the house is a good question, was it an unknown buyer who would have done title searches or did he do some private deal with them ?

    Next as mentioned the lien is your debt and used the house to secure the debt, next a divorce decree does not do away with your responiblity to pay the debt or the quick claim deed does not do away with your responsibility,
    The divorce agreement only allows you to go back after your ex for anything he does not do according to that agreement.

    So you and your lawyer need to investigate the house sell and the debt.

    Of course if it is merely coming up and showing that there was a late payment record on that lien, that will show up even if the lien has been paid, if you had or after you turned it over to your ex, he did not pay on time.
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