A few years ago, I was in a pretty serious car accident. During the aftermath, I became really familiar with a lot of different types of lawyers. I worked with personal injury lawyers, insurance lawyers, and many others. Perhaps the most important, though, was the estate planning lawyer. I was really young, and neither my wife or I had thought about starting a will. But the accident kind of scared us into it. What would happen if one of us were to die? Even when still in the hospital, I was working with the lawyer to draw up a will. Now, I have some peace and security about what the future will be like if something should happen to me. And I have a lot of experience working with various types of lawyers! The accident was kind of a blessing in disguise in that way.
If you have recently discovered that an unpaid debt has resulted in a lien against your home, it is important to be aware of what your options are for dealing with that lien. For instance, you need to determine whether the lien is valid, if it was attached due a debt that you or a former spouse had, and if necessary, what your repayment options are if you are held liable for that unfortunate and unexpected debt. Therefore, as soon as possible after you have learned that there has been a lien placed against your home, it is crucial to ask a real estate attorney, such as Steve Butcher Sr, the following questions.
Is The Lien Still Valid?
It will first be necessary to understand that a lien against your home cannot prevent you from selling your home. However, it must be released or removed prior to the sale in order for you to get the full payment of the property. Otherwise, part of the proceeds of the sale will go to satisfy that lien, unless you can establish that the lien is no longer valid or was incorrectly provided.
As a result, you should ask the real estate attorney with whom you are working to determine if the lien is still valid. If it was placed against your home many years ago and never renewed, state laws in your area may consider it to be expired and thus, void. Alternatively, it is best to verify that the debt associated with the lien belonged to you, a former or current spouse, or another person whose name was on the title.
If the lien was filed against someone who was not on the title, such as a former spouse whose name was removed from the deed before the lien existed, your attorney can help you to determine options for having it removed.
Can You Reduce, Eliminate Or Make Partial Payments Towards The Lien?
It will also be helpful to remember that it is often possible for a creditor to take a settlement offer for the lien, especially if it has been awhile since the lien's inception. If it has been determined that the debt in question was valid and the lien was correctly applied to the title of your home, it is time to discuss payment options with your real estate attorney.
Many creditors are aware that if they do not accept a settlement offer, which is often just a fraction of the full amount of the lien, their client may never see a dime or may not receive money for a long time. Therefore, your lawyer may suggest that option. Alternatively, it may be possible to establish a payment plan, with or without a hefty down payment, to take care of the lien.
Regardless, you should contact a residential real estate lawyer before speaking to anyone about the lien as the situation may not be as dire as you think and your options may be more plentiful.
In conclusion, a lien on your home does not mean that you automatically must pay that full amount in all situations. Since the lien may have expired since it was first placed and the debt that resulted in the lien must be against the person on the title of the home, it is best to speak with a real estate lawyer to determine your options for addressing the debt and removing the lien.
Share9 February 2017
