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    cmkubis6's Avatar
    cmkubis6 Posts: 2, Reputation: 1
    New Member

    Aug 22, 2007, 06:14 PM
    How do I know if there is a lien?
    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.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
    Uber Member

    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.

    rockinmommy's Avatar
    rockinmommy Posts: 1,123, Reputation: 82
    Ultra Member

    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
    Emland's Avatar
    Emland Posts: 2,468, Reputation: 496
    Ultra Member

    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.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man

    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.

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