More details to this question:
I am in the process of refinancing my home. I'm in the final stages of approval, only thing needed is an appraisal. Today I am told a lien was placed on my home in December. I am told the name and address match, but the social security number is not mine. When I looked into this I found that my son had a judgement against him and a court order was put on my home. We have the same name, but he is Jr. He has lived on his on with family for more than 10 years. My question is how can a court put a lien on my house when my son is not on the title and how is it that they could not verify it was my son and not me. They had social security, date of birth and driver license information. Don't they have to do some kind of verification before they just slap a lien on your home. How can I remove this and how do I do it?
1 ANSWER
There is probably no lien on your property. When I win a lawsuit and get a judgment, the first thing I do is record the judgment in the official county real estate records. Thereafter, it is automatically a lien on all real estate the judgment debtor owns in that county or every acquires in that county.
That is probably what has happened. The judgment has been recorded and is a lien on any property owned by your son, but not you. You just have to show the title company and the lender that the judgment is against you and not your son. In some counties, but not all, you can go onto the court's website and download copies of the judgment and the original complaint. Send those to the title company and the lender to show them that the lawsuit was against your son and not you.
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Do you have a revocable living trust to protect your heirs against probate? Probate takes forever, is expensive, and is annoying. Do your family a favor. Set up a trust, and put all your property, especially any real property, into the trust. Since it is revocable, you can change it, add to it, take property out of it, or even cancel it completely, at any time. We set up such trusts, provide a pour-over will as a back-up for any property that does not make it into the trust, provide you with blank durable powers of attorney for health care and financial decisions, in case you become incapable of making such decisions while still alive, and convey one piece of real property to the trust, usually the family home, for $1500.00. If you would like to hire me to do this, let me know, and I'll send you a list of the information I need.
Dana Sack
Answered on Apr 14th, 2015 at 12:09 PM