QUESTION
Can a 2006 real estate lien be applied to another property acquired in 2011 without going through a court?
Asked on Dec 08th, 2020 on Real Estate - Kentucky
More details to this question:
My wife had a lien against her property, we'll call Property A, in 2006. She later inherited a different piece of property, Property B, in 2011 that she now wants to sell. The title company says the 2006 lien carries over to any property she owns even though there was no such language in the original lien and nothing was filed against Property B in court.
1 ANSWER
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It depends on what kind of lien it is. If it is a judgment lien, it will automatically encumber subsequently acquired real estate in any county where the judgment lien is properly recorded. A judgment lien is generally effective for 15 years.
Other types of involuntary liens (such as property tax liens) or contractual liens (such as mortgages) will generally only encumber a specific property and will not automatically encumber other subsequently acquired properties.
Answered on Dec 09th, 2020 at 9:10 AM