My Dad passed away in 2003, without a will, me and my brother and sister are aon the warranty deed, I went to get a copy of all that. My step mom has not talked to u s in over a year. Now she has it up for sale and didn't say anything to us about it. Should we place a lien on the property or is there no way she can get around it unless we sign our interest over to her unless she buys us out. She has taken a loan out on it over a year ago, that I don't see how she did without us signing. She tried to go to a lawyer and put it in her name saying there were no more heirs left. The lawyer looked up my sister in the phone book and found us. So he is the one that caught her and printed up the warranty deed with ou names on it. I am just scared that she might can try to sell it without our signatures. Should I place a lien would that help? I did go get a copy of the warranty deed last week and it said that she owned 2/3 and then the rest is split between all of us witch it said 1/3, perhaps she took out the loan before that deed was typed up. Also the realtor is kin to her, is there anyway they could try to get around us. Are we safe because we are on the deed. Someone told me to put a lien on it stated it is not to be sold until our interest is fulfilled, or we are bought out. Should I do anything or just wait?

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Originally Posted by charis888

Should I place a lien would that help?

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Hello charis:

Nahhhh. What would help is if you hired a lawyer.

excon

You can't put a lien on property that you own, You owning it, is all that matters, you do need to go to the county court house and be sure that your warranty deed is still filed and that you are the listed owner of the property.

** She can not borrow money on the property without the others permission, So if there is a lien on the property ( you will see it listed at the court house also) they need to be contracted by YOUR ATTORNEY and most likely a court hearing to release the lien from the property.

But if you are named on the deed, she can not sell the property.

*** NOW depending on the type of deed, and how each owner is listed, for example if you are all owners in common, she can not do anything, but if for example she is listed as owning 25 percent of the property, she can mortgage her 25 percent, and she can sell her 25 percent of the property to someone else.k

I did go get a copy of the warranty deed last week and it said that she owned 2/3 and then the rest is split between all of us witch it said 1/3, perhaps she took out the loan before that deed was typed up. Also the realtor is kin to her, is there anyway they could try to get around us. Are we safe because we are on the deed. Someone told me to put a lien on it stated it is not to be sold until our interest is fulfilled, or we are bought out. Should I do anything or just wait?

Hello charis:

Let me repeat myself... You should hire a lawyer. If you don't, and you wait, and you find out that she diddled you and the money is ALL gone, you're going to WISH you had listened to me..

excon