Another neat thing: The CRAs pick up the lien from the court house and slap it on coldnorths credit reports. Now he has a ding on his report for a debt he was never obligated to. Hain't the credit industry sweet?
I had not thought about the possibilty that it could be picked up by cra and put on my report. Mine's bad enough I don't need anymore on it. Even if the story I'm getting is true I just don't understand why we can't get our name off the deed. I could see where perhaps my mother in law might have problems but why everyone?
I'm curious how the original transfers took place, if there is no recorded deed. Sounds like someone is making most of this up. You can check the county records and see how the property is being taxed. That should give you an idea what has or has not been done.
Re: Re: Lien on property You have some confusion about how the property is titled, look it up and if the transfer is not recorded, it is still in the mother's and deceased father's name. Even IF and WHEN the title is recorded and the correct probate papers filed and everything is done as it was supposed to be done, you STILL would not be on any record of ownership. Your agreement on the "buy-out" would be in the probate records,if at all. There is NO WAY, in my opinion there can be ANY liability to you in any way shape or form for anything relating to the property, as your name DOES NOT and WILL NOT ever appear in the property records.
Re: Re: Lien on property When my BROTHER-IN-LAW and SISTER bought out my interest in one of our two CALIFORNIA houses...I used a QUIT-CLAIM-DEED.
Re: Re: Lien on property I don't know about the state of IL, but you SHOULD be able to verify online in the IL State statutes if this applies or not...In the state of FL, liens on property are only good for 1 year from the date they are recorded, except Homeowner's Association liens, (they are good for 5 years). From a title standpoint, hospital and other medical liens do not encumber property at all, again you need to verify this for IL. So, even if the mother has a medical lien filed against her, it should not even be an issue when transferring title. If the sister claims that her lawyer has told her she can not transfer title because of a medical lien, then she needs a new lawyer, at least in FL. You can also request copies of the probate paperwork and see if title is transferred anywhere to the heirs of the granfather. In order for any transfer of title to be valid, it should be recorded in the public records. If you can verify online, great. If not, you will have to go the that county's courthouse and look it up. If it is not recorded, I suggest that you ask for the original documents and record them yourselves. Stop f-ing around with the sister and her lawyer and do it yourself. Besides, which, you can only quit claim your wife's interest in the property. The other sister's and the mother will have to quit claim their interest individually. Again, verify with the IL State Statutes and if you are unsure, seek legal counsel of your own. Besides which, you should never take the word of someone else's lawyer without verifying the information yourself. Typically a lawyer works for the best interests of the person who is paying him. Sorry this is so long, but I hope it helps.
Re: Re: Re: Lien on property I assume you are talking about the State of Florida in the USA?? Your "facts" are completely wrong. The liens you are referring to are "mechanics liens", not judgment liens. A Florida judgment lien is good for 7 years, and renewable for an additional 10. It has to be certified and entered in the County where the property is located. Florida,has of course, total homestead exemption, however an affadavit of homestead (nothing to do with homestead exemption for tax purposes) must be filed to prevent a judgment lien from interfering with title in sales, purchases or refinancing.
Since the lien is in the mother's name, can't everybody else just quitclaim off title? I don't see how a lien against someone else can prevent you from removing your name as an owner.
Re: Re: Lien on property That' what I said earler on up the thread. I know of no law that can force one to own something they don't want to own.
Re: Re: Lien on property The way the transfers took place. Everyone agreed on a price, one sister bought everyone out and was suppose to take care of all the paperwork. Then she tells us she can't. I think I am going to have to go down there and check things at the courthouse my self. It seems to me that we should be able to use a quit claim even if someone has a lien on the property.
