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-   -   Deed search (https://www.askmehelpdesk.com/showthread.php?t=155671)

  • Nov 25, 2007, 12:55 AM
    jbourassa
    Deed search
    I am in the process of selling my home. We were suppose to close on the 19 of nov. in the process of the deed search a child support lien on my son who was on my deed at one time and who was taken off this year was found . It is for 30.000 dollars and my question is . Is there anyway that I can have it lifted because I don't feel that I should have to pay it . I won't make enough in the proceeds to cover it. He is currently paying his child support but cannot pay this off. If I don't find a result for this mess I am going to loose my home.
  • Nov 25, 2007, 08:39 AM
    JDKR
    Quote:
    Originally Posted by jbourassa
    i am in the process of selling my home. we were suppose to close on the 19 of nov. in the process of the deed search a child support lein on my son who was on my deed at one time and who was taken off this year was found . it is for 30.000 dollars and my quetion is . is there anyway that i can have it lifted because i dont feel that i should have to pay it . i wont make enough in the proceeds to cover it. he is currently paying his child support but cannot pay this off. if i dont find a result for this mess i am going to loose my home.
    You should be able to show proof that he was taken off by going and getting proof of it being recorded that he was taken off, and if you can - go to your title company and they should be able to modify it... your county must be slow at recording then... a notarized proof from your county courthouse showing he was taken off, and then shown to the title company should do the trick... hope that helps...
  • Nov 25, 2007, 09:08 AM
    JudyKayTee
    Quote:
    Originally Posted by JDKR
    you should be able to show proof that he was taken off by going and getting proof of it being recorded that he was taken off, and if you can - go to your title company and they should be able to modify it... your county must be slow at recording then... a notarized proof from your county courthouse showing he was taken off, and then shown to the title company should do the trick... hope that helps....

    This gets a little confusing - how was he taken off the Deed without the lien surfacing? Was a quit claim filed? The fact that he has had his name removed from the property does NOT remove the lien from the property - if he had an interest when the lien was filed the lien will remain. People attempt to get out from under real property liens by quit claiming all the time.

    For example - if the co-owner of my house had a lien filed against him/her and then quit claimed the property to me that lien would remain because he/she was a part owner at the time the lien was filed.

    Perhaps this is not true in all States -
  • Nov 25, 2007, 04:22 PM
    JDKR
    Quote:
    Originally Posted by JudyKayTee
    This gets a little confusing - how was he taken off the Deed without the lien surfacing? Was a quit claim filed? The fact that he has had his name removed from the property does NOT remove the lien from the property - if he had an interest when the lien was filed the lien will remain. People attempt to get out from under real property liens by quit claiming all the time.

    For example - if the co-owner of my house had a lien filed against him/her and then quit claimed the property to me that lien would remain because he/she was a part owner at the time the lien was filed.

    Perhaps this is not true in all States -

    My thought would be maybe they refinanced or something to get him off, then that in fact would be proof, and would be recorded - otherwise - I totally agree with you...
  • Nov 25, 2007, 04:31 PM
    s_cianci
    If your son is no longer on the deed, and your post suggests that that's the case, then you shouldn't have a problem. Write a letter to that effect to your mortgage lender and include copies of supporting documentation.
  • Nov 25, 2007, 06:27 PM
    ScottGem
    I go along with Judy. The purpose of a lien is to prevent the property from changing hands until the lien is satisfied. So, if the lien was filed while your son was still on the deed, then removing him may not be valid. The only way to get the lien off is to have the agency that placed it removed it
  • Nov 25, 2007, 07:33 PM
    Fr_Chuck
    If he was taken off only by a quick claim between family, then in fact the title search is saying that the last transfer was not legal, and could not have been done without fixing this old lien.

    Thus the reason we do title searches on property, since if the last deed transfer was legal, it would clear all other claims but it does not, past claims are still valid, if they were never proeprly cleared at that time.

    The date of the lien, was it before the transfer away from the son or after. If the lien was placed while son still had title to property in their name, no transfer to someone else, would be "legal" without that lien being talken care of.

    It is very possible this lien is valid, you need to get a real estate attorney invovled at once. And you may have to attempt to go to court and get this lien released by the court.

    Also if the lien is valid, they may release the lien if you let them have the equity that is left in the sale. You will not get anything, but the house will sell, and part of debt will be paid.

    Also if the son has went to them and worked out a payment plan for arrears, you may get the lien released also

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