Ask Experts Questions for FREE Help!
  Advanced
Register  |  Log in  
   Ask    
 Answer  
  Help  

Ask QuestionsprogressAnswer QuestionsprogressBuild ReputationprogressBecome an Expert
 
Free Answers in 3 Easy Steps

Register Now
3 Steps

At Ask Me Help Desk you can ask questions in any topic and have them answered for free by our experts. To ask questions or participate in answering them you must register for a free account. By registering you will be able to:
  • Get free answers from experts in any of our 300+ topics.
  • Accept money for answers that you provide.
  • Communicate privately with other members (PM).
  • See fewer ads.

Home > Money & Services > Mortgages   »   mortgage lien

 
Thread Tools Display Modes
Question
 
 
#1  
Old Feb 19, 2008, 12:09 PM
ERINF70
New Member
ERINF70 is offline
 
Join Date: Feb 2008
Posts: 2
ERINF70 See this member's comment history on his/her Profile page.
mortgage lien

my husband bought his grandparents home after they died from his parents. the house was paid for, but his parents took out a mortgage and gave a portion of that to my husband when he bought the house from them 12 yrs ago. I don't believe there was any paperwork from this. Our home is thru Country wide mortgage. His parents decided they wanted their money now instead of later. We tried to refinance for a lower interest rate, and found out they put a lien on our home for $37,000 8 months ago. We were never notified or served with anything...is this legal? How can someone just go and do that?
EandK

Reply With Quote
 
     

Answers
 
 
Old Feb 19, 2008, 12:16 PM   #2  
Computer Expert
ScottGem is online now
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 25,381
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
I'm confused here. if your husband bought the hoime, then why did his parents take out a mortgage? Or is it that they GAVE him a mortgage? If so, where does CountryWide come into this?

For them to put a lien on the property they would have to prove they have an interest in the property. Your post is not clear enough to tell whether they do or not.
  Reply With Quote
 
     
 
 
Old Feb 19, 2008, 12:26 PM   #3  
New Member
ERINF70 is offline
 
Join Date: Feb 2008
Posts: 2
ERINF70 See this member's comment history on his/her Profile page.
sorry for the mess...this is so confusing! His parents took out a mortgage on the home, and then my husband got a home loan from country wide for the price that they sold it to him. Before they sold it, they took out some equity from the home and gave my husband some of that money. He is not denying that he owes the money and would have paid them off when we sell. Country wide is our mortgage holder. They thought since we were refinancing, that they could get their money now....we were just trying to get a premium interest rate with the market so terrible at this time. I don't think they have anything signed by my husband. This all happened before we were even together. He does not have a good relationship with them, so they are pulling out whatever they can to make life hard I guess!
  Reply With Quote
 
     
 
 
Old Feb 19, 2008, 12:29 PM   #4  
Computer Expert
ScottGem is online now
 
ScottGem's Avatar
 
Join Date: Jan 2003
Location: LI, NY - USA
Posts: 25,381
ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.ScottGem See this member's comment history on his/her Profile page.
Pay to call ScottGem for advice ($.75/min)
Call ScottGem via Skype™
You can fight the lien on the grounds there is no basis for it. If there is no docuntation. But if they have proof they gave him money, that might be enough.
  Reply With Quote
 
     
 
 
Old Feb 19, 2008, 12:43 PM   #5  
Christianity Expert
Fr_Chuck is offline
 
Fr_Chuck's Avatar
 
Join Date: Nov 2005
Location: Atlanta GA
Posts: 27,915
Fr_Chuck has disabled reputation
1. you and your husband could not buy a home that had a mortage on it, unless the previous mortage was either paid off or assumed, so if the parents had a mortage on the home before you bought it, that loan would have had to be paid BEFORE, you could transfer it into your name.

2. If the parents took out a mortage after you bought it, that was not legal

When you bought it was there a deed transfered, did you register a deed in your name ??

Something does not sound like it was done 100 percent legal to me, but this is actually commom to make alot of mistakes when sales are done between family without a title company or attorney.
  Reply With Quote
 
     

Bookmarks


Thread Tools
Display Modes

 
Similar Sponsors

Similar Threads
Question Asker Forum Answers Last Post
How do I know if there is a lien? cmkubis6 Real Estate Law 4 Aug 23, 2007 07:54 AM
Lien on the house Windoorsmart Small Claims 1 Apr 5, 2007 05:55 AM
A Lien on a Mortgage pricettfn Mortgages 2 Apr 2, 2007 06:14 AM
Lien lahill Credit 4 Nov 15, 2006 03:23 PM
lien rick298 Banking 8 Jan 7, 2006 04:47 AM




Copyright ©2003 - 2007, Ask Me Help Desk.
All times are GMT -8. The time now is 06:09 AM.