QUESTION
What can we do after being denied a lien because of child support? How?
Asked on Sep 14th, 2015 on Estate Planning - Illinois
More details to this question:
My parents had it set up that the land that they are currently living on be giving to my brother and myself in the event of their death. During the period of time that it was deeded this way Child Support came in and placed a lien on the property. About a year ago my parents asked us to sign the papers giving them full rights back to the land so that they could get a new home. We now find out that they can not because of the lien. Is this true? We live in the state of Virginia can this happen even though it was in both of our names?
2 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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Of course, if you're delinquent in your child support, they can lien land that you own. Even if it was owned as tenants in common. Here's a hint, grow a pair of balls and pay for your kids, sleazeball, instead of whining about it.
Answered on Sep 15th, 2015 at 10:22 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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If you own an interest in real estate then any judgment against you can be recorded and encumber property in which you have an interest. If you own the property as a tenant in common, then the lien will only impact your ownership percentage. If you own the property as a joint tenant, then the lien affects the entire ownership interest. When the property is transferred, the lien with continue to encumber the property held by the new owner. Thus, if the property is sold, the proceeds will be used to pay off the lien before any net proceeds are distributed among the owners of the property. If you seek to borrow money that will be secured by the real property, the lien will have to be paid to allow the lender a first priority interest in the property.
Answered on Sep 14th, 2015 at 5:22 PM