Legal Question in Real Estate Law in New York

Selling Real Estate with a State Lien

I have a NJ State Lien for 5000. that was filed in 1994 for a motor vehicle infraction. I now reside in upstate New York in a home that was purchased in 1990. If I sell this home now, will this State Lien be required to be satisfied with the proceeds of the sale? The home is jointly owned with my husband.


Asked on 1/11/01, 11:02 am

2 Answers from Attorneys
Philip Schnabel Schnabel Law Office

Re: Selling Real Estate with a State Lien

If the lien appears upon title search, before you can transfer the property the lien will have to be satisfied.

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Answered on 1/28/01, 6:34 pm
Michael Markowitz Michael A. Markowitz, PC

Re: Selling Real Estate with a State Lien

To expand on my colleague's statement, a lien would only appear on the title search if it was docketed with the County Clerk in upstate, NY. If the lien is not filed against the property, it probably will not cause a problem on your sale. I suggest making your attorney aware of its existence, keep quiet, and see if the purchaser discovers the lien.

Mike.

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Answered on 1/29/01, 8:35 am


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