QUESTION
Bro and sis own a Condo (joint tenancy); sis dies but leaves a judgment lien on condo in her name does lien die also?
Asked on Apr 01st, 2013 on Foreclosures - Arizona
More details to this question:
My sister and I have joint tenancy in a condominium. It’s paid off. She has just passed away and then I get a letter from county recorder’s office of an Abstract Judgment Lien on the same condominium. I knew nothing about the $49,000.00 lien and it is over 10 years old. My question is. Does the lien expire and or die with her? And if so what is the proper procedure to remove the judgment lien?
6 ANSWERS
David John Tybor
It depends on whether you owned the condo as joint tenants with rights of survivor ship or joint tenants in common. It also depends what the lien was for. If it is a mechanic's lien for work on the property, then it stays with the property. It would be best to consult with an attorney to research the title and suggest the best course of action.
Answered on Apr 02nd, 2013 at 9:02 PM
Commercial Bankruptcy Attorney serving Davie, FL
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Law Office of Jeffrey Solomon
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You need to see the deed and determine what type of joint tenancy. Do you have a right of survivorship or is the property held as tenants in common? If the former, you should be fine; if the latter, an estate has to be opened for your sister and the judgment lien would still attach.
Answered on Apr 02nd, 2013 at 8:48 PM
The lien is against your sister's share of the ownership. When that passed to you, the lien came with it. Unless there is a basis for attacking the validity of the judgment, the only way to get rid of the lien is to negotiate a payoff.
Answered on Apr 02nd, 2013 at 8:32 PM
The lien does not end when your sister dies. You need to pay it or have it paid out of escrow when you sell the property.
Answered on Apr 02nd, 2013 at 8:25 PM
Liens can be complicated, and most survive a persons death. whether a lien is valid depends on a variety of factors and having one removed from title may require litigation, but certainly will require attorney assistance. You need to contact an attorney with real estate experience to help you with this issue.
Answered on Apr 02nd, 2013 at 8:03 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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The answer depends on the law of the state where you live.
Answered on Apr 02nd, 2013 at 7:58 PM