Ask Experts Questions for FREE Help !
Ask

How do I know if there is a lien?

Asked Aug 22, 2007, 06:14 PM — 4 Answers
My sister passed away and the collection agencies say they are putting a lien on her property. The only problem is the property is not hers but belongs to my mother. It was never hers. How can we find out if someone is trying to put a lien on my mothers house in my sisters name.

4 Answers
excon's Avatar
excon Posts: 21,005, Reputation: 15480
Expert
 
#2

Aug 22, 2007, 06:20 PM
Hello cm:

You can't find out if they're TRYING. Plus, if your sister doesn't own it, it won't matter a hill of beans.

If your sister has an estate, the estate is liable for her debts. If she left nothing, then there's nothing to pay with and nobody to sue. The collection agency is out of gas. Too bad for them.

excon
Helpful
rockinmommy's Avatar
rockinmommy Posts: 1,126, Reputation: 417
Ultra Member
 
#3

Aug 23, 2007, 07:42 AM
A title search would reveal any liens attached to a property.

You can hire a title company to do a thorough one for you or you can do it yourself by searching records in the county where the house is located.

Is your sister's name anywhere on the property? Tax records, deed, loan, anything? If not, when the debtor goes to file the lien they'll see that it's not in her name and won't be able to attach a lien to it, as long as the debt is solely in your sister's name and your mom wasn't a co-signer or anything.

Hope that helps.
Karla in TX
Helpful
Emland's Avatar
Emland Posts: 2,493, Reputation: 2570
Ultra Member
 
#4

Aug 23, 2007, 07:48 AM
Debt collectors say a whole lot of garbage to rattle your cage and try to get you to pay.

They can't attach a lien to your mother's property and no one else is obligated to her debt.
Helpful
ScottGem's Avatar
ScottGem Posts: 58,162, Reputation: 28160
Computer Expert and Renaissance Man
 
#5

Aug 23, 2007, 07:54 AM


Did your sister leave an estate worth anything? Was someone appointed to be executor? Has anything been distributed yet?

As Emland said, debt collectors will say anything to scare you into paying. DO NOT pay them a cent unless it out of the estate. If there is no estate, send each collector a certified letter with a copy of the death certificate. State that your sister is deceased leaving no assets. Tell them to cease contacting you since her debts died with her.
Helpful

Not your question? Ask your question View similar questions

 
Thread Tools Search this Thread
Search this Thread:

Advanced Search

Add your answer here.

Remove Text Formatting

Undo
Redo
 
Decrease Size
Increase Size
Bold
Italic
Underline
Align Left
Align Center
Align Right
Ordered List
Unordered List
Decrease Indent
Increase Indent
Insert Email Link
Wrap [QUOTE] tags around selected text
Wrap [CODE] tags around selected text
Wrap [HTML] tags around selected text
Wrap [PHP] tags around selected text
Wrap [YOUTUBE] tags around selected text
Notification Type:



Check out some similar questions!

Removing a lien [ 1 Answers ]

The bank from a car dealer put a lien on my home. What are the steps that I need to take to have this lien removed from my house?

Lien and deed [ 1 Answers ]

My 80 year old mother has been served with papers demanding payment of a debit over $50,000 for a motorhome she co-signed for over 10 years ago. As a co-signer can a lien be places on her Texas home that she owns free and clear (she is the only one on the title)? Can she deed her home to me...

HOA lien [ 1 Answers ]

I need to file a lien on a unit in one of the hoas I management in los angeles california. This unit is being sold but owner owes over $3,000 in due and special assessments.

Lien [ 4 Answers ]

Can a credit card company place a lien on property?

Lien [ 8 Answers ]

I checked my account online tonight and all my money is gone. I called my bank's 1800 number and they said there is a lien on the account for 2000 dollars. I only had about 700 approx total. My account shows overdrawn -1768! How can they do that? I never received ANY notice of this. I did...


View more Real Estate Law questions Search