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marric · Apr 20, 2010, 03:03 PM

I recently purchased a home and I now believe there's a lien on the property that the title company failed to notice. What will happen? Can this lienholder take ownership of the property, leaving me to sue to title company or previous owner? Or do I retain ownership, leaving the lienholder can take action against the title company? It's a consensual lien, made with the previous owner of the property.

cdad · Apr 20, 2010, 03:05 PM

Was your titled cleared at the time of purchase? Is the lien against you or something you have done? If not then contact the title company and it should be covered by your title insurance. Also did you buy this home while it was in foreclosure ?

ScottGem · Apr 20, 2010, 03:22 PM

First, what makes you think you have a lien? Second, did you purchase Title Insurance when you bought the house?

No, they can't take the house, but they could cancel the sale. If there is a lien on a property and the property is transferred without the lien being satisfied, then the transfer could be voided.

But, if you have title insurance you report it to them and they should take care of it.

marric · Apr 22, 2010, 03:43 PM

Originally Posted by ScottGem

First, what makes you think you have a lien? Second, did you purchase Title Insurance when you bought the house?

No, they can't take the house, but they could cancel the sale. If there is a lien on a property and the property is transferred without the lien being satisfied, then the transfer could be voided.

But, if you have title insurance you report it to them and they should take care of it.

I do have title insurance. I was worried solely about losing the house. If the lienholder can't take the house, what does it mean to cancel the sale? If the sale is cancelled, who owns the house?

LisaB4657 · Apr 22, 2010, 04:01 PM

Scott, it is very, very rare that a sale will be canceled. Instead the lien will remain on the property and the OP has to deal with getting it removed. A call to the title insurance company should get it taken care of.

ScottGem · Apr 22, 2010, 04:12 PM

Lisa, I totally agree it would be a rarity for that to happen, but it is a possibility.

But if the OP has Title Insurance, then the insurer is responsible for making this right.

LisaB4657 · Apr 22, 2010, 07:27 PM

Originally Posted by ScottGem

Lisa, I totally agree it would be a rarity for that to happen, but it is a possibility.

But if the OP has Title Insurance, then the insurer is responsible for making this right.

The possibility of the sale being canceled is so remote as to be almost impossible. Sales get canceled usually only if there was a proven case of fraud. There is a very strong public policy against canceling a sale for any other reason.

LuisPedraza · Oct 21, 2011, 05:41 PM

A debtor placed a lien on my house house will I get rid of it

AK lawyer · Oct 21, 2011, 08:55 PM

Originally Posted by LuisPedraza

A debtor placed a lien on my house house will I get rid of it

You should start a new thread for a new question such as this.

Whether you can get a lien removed depends on many things.

A debtor is the person who owes money; a creditor is the person the money is owed to. I suspect you mean that a creditor placed a lien.

What sort of a lien is it?