Real Estate Curve

Everything To Know About Real Estate

Jan-18-2008

Clearing Liens

It is hard to believe, but it actually is possible for someone to put a lien against your property without you being aware of it. If a title search turns up a lien and you are the purchaser, don’t automatically assume that the seller knew about it and was being underhanded.

In some areas, in the past (hopefully it is not still going on!), notice of a small claims action filed against you would not in fact be delivered to you as required by law. It would be just thrown in the garbage – delivered via “sewer service”. You would not show up in court, the complainant would automatically win, and a judgement could be filed against your home.

In the case of a legitimate lien, you will have to pay it in order to have it signed off. If you are disputing the validity of the lien, you will most likely need an attorney’s help. You may also discover liens registered by heirs or ex-spouses of a former owner of the house. You will need to have these people, or if necessary, the executor of their estate, sign off on the lien.

If a hold has been put on by a local government body due to noncompliance with some ordinance you will generally have no option but to bring the problem into compliance before you can sell.

Posted under Closing

Add A Comment