QUESTION
How will my father can get rid of this lien which is not belongs to him?
Asked on Oct 09th, 2013 on Estate Planning - Nebraska
More details to this question:
I was in the tracking business. There was some tracks has been purchased and trailer also. Some of them where paid off some of them was financed and had been paid by monthly basis. One of the trailers in 2005 was stolen and we filed a report to the police. The business was not going well, our contract with the city expired. So, to make it short, company was terminated. Later there was judgement against me and lender put a lien on my Father’s house. From where I quit claimed 1year ago before the judgment.
5 ANSWERS
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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You will have to obtain real estate lawyer to bring a quiet title action, to clear title, and to have the lien removed, if not validly placed on the property. Apparently, you did not record the Quit claim deed prior to the judgment occurring?
Answered on Oct 10th, 2013 at 2:44 PM
Business Law Attorney serving Bingham Farms, MI
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James T. Weiner, P.C.
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It is likely that your father can sue whomever put the lien on the house for clouding title if your father owns the house outright contact an attorney to be sure.
Answered on Oct 10th, 2013 at 12:05 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If you have no ownership interest in the home, your father should be able to demand that the lien be released. If you WERE on the home, then the lien holder could argue that your deed was a fraudulent conveyance. This is one of the reasons to never hold property jointly with someone.
Answered on Oct 10th, 2013 at 11:22 AM
You'll need to get a court judgement to remove the lien.
Answered on Oct 10th, 2013 at 8:59 AM
2 Awards
That is tough - if you were on the property at some point during the default, the transfer of the property to your dad may be considered fraudulent. That said, the lien is against you, not your father. Your options are to compromise with the creditor and get rid of the lien, file bankruptcy, pay it, or go through a lengthly court battle trying to prove the transfer to your dad was in good faith. At James Law Group we make every effort to respond to you quickly and efficiently. This means we may be responding to you from a mobile device. As you know, responding on these devices can result in typographical errors that my otherwise not occur. In order to provide this extra service, please be aware of this and excuse any errors that may be caused by responding in this forum. The content of this message is protected by attorney-client privilege.
Answered on Oct 10th, 2013 at 8:59 AM