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-   -   Propety leins (https://www.askmehelpdesk.com/showthread.php?t=446881)

  • Feb 14, 2010, 07:37 AM
    beverly4859
    How do you find out if someone has a lien on your property,but the person has no claim on property


    Propety is in two names one is deceased how do I get deceased name off deed


    Ex stepmother says there is a lien on said property but the lien is inmy sons name
  • Feb 14, 2010, 08:06 AM
    ScottGem

    A lien has to be filed with the recorder of deeds for your county. Usually this is the county clerk's office so start there.

    You may not need to get the deceased's name off the deed. It the property was held as joint tenants with right of survivorship, you just need to produce a death certificate when you go to sell. If its not with right of survivorship, then that person 's share goes to their heirs.

    I don't understand the last part. A lien can be filed under three circumstances:
    1) the property was used as collateral for a loan and the lender places a lien when the loan is finalized
    2) the owner is sued and a judgement obtained, the judgement can be used to place a lien
    3) work was done on the property that wasn't fully paid for, the workers can place a lien for the unpaid balance.
  • Feb 14, 2010, 09:37 AM
    Fr_Chuck

    You would have a title company draw up a new title, and file it, with the recorder of deed, showing the other person has died, ( certificate of death)

    As for the lien, you go to the recorder of deeds and look though and see if there are any liens against the property)
  • Feb 15, 2010, 12:18 AM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    ... I don't understand the last part. A lien can be filed under three circumstances:
    1) the property was used as collateral for a loan and the lender places a lien when the loan is finalized
    2) the owner is sued and a judgement obtained, the judgement can be used to place a lien
    3) work was done on the property that wasn't fully paid for, the workers can place a lien for the unpaid balance.

    Particularly in case no. 3 ("mechanic's lien"), the lienor may have been uncertain as to who owned the property, but only knew a name (your son's), and filed the lien against that name.
  • Feb 15, 2010, 12:25 AM
    ScottGem

    A mechanic's lien is filed against the property, not a specific name. But its possible they listed a name they dealt with rather than the actual owner.
  • Feb 15, 2010, 12:23 PM
    AK lawyer
    Quote:

    Originally Posted by ScottGem View Post
    A mechanic's lien is filed against the property, not a specific name. But its possible they listed a name they dealt with rather than the actual owner.

    Depending on the state, both, as well as other information, may be required.

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