When my husband's grandmother died, my father-in-law inherited the house. To keep himself from losing the house (whole different story) he deeded the house to my husband and brother-in-law. Over the past few years they have paid the property tax on the property. My father-in-law has been very foolish with his finances and has a habit of throwing bills in the trash since he says he can't pay them. He has done no upkeep to the home such as fix the roof leaks and so on and it's steadily going downhill.

Just recently my husband found out that his father had someone call or come by the house wanting to put some storm windows on the house for the tune of $12,000, yes, I typed it correctly, TWELVE THOUSAND DOLLARS. The house is a mill house at least 60 years old. See what I mean about being foolish with his money!

My problem is this. My husband has gotten a wild hair and wants to buy out his brother's half of the house so that he completely owns it. His father would continue to live there with his wife. I am very scared that there are liens against that house and that my husband would be getting nothing but trouble for his efforts. I want to give my father-in-law back my husband's half and be out of that situation. (There's a bunch more problems concerning family I won't go into to) How do I find out about liens against the house. My name is nowhere on the deed and I don't know if I can go to that county and find out. My husband thinks the only way that can be done is for a lawyer to do it , but we don't have the money for that. I've had surgery and will be out of work till Feb.. 2008. Neither do we have the money to buy the other half, but my husband is not listening to me.

Can my father-in-law use the house for collateral even though his name is no longer on it? Can I find out about liens against it and how do I do it?

Hello piano:

When and if your husband decides to buy the house, he's going to need a closing agent, and title insurance. Some title companies do both. A title search will reveal any liens.

If he wants to buy but doesn't want to use any professional help, he's asking for trouble.

excon

You can go to the county the house is located in and search the records. Anyone can search records for any property. Most counties keep records scanned in a computer database and/or on microfiche. I'm sure in some small, rural counties all of the records are just in files. Usually if you go in and don't know what you're doing an employee will help you to at least get started, or if there's someone else in there searching records that knows how to do it they'll take pity on you and help you.

Excon is absolutely correct though, in the event you husband can't be talked out of his bizarre desire to buy out his brother you should DEFINITELY hire a title company to conduct the transaction. They can find encumbrances that you or I would miss just by searching county records. And if they miss them, too, the title insurance would cover you.

Karla in TX

Thanks excon and rockinmommy for your answers. It sounds like I can go to that county and check out the records. If he insists on buying I will personally see that the appropriate professionals are hired even if I have to go behind his back (which I prefer not doing).