Legal Question in Real Estate Law in California

I'm in the process of getting a loan modification on a property that was given to me from my mother through probate, after her death.

There was a lien on the property, which I paid off, but now I found out that there is possibly interest and penalties on the lien.

I am trying to get the house turned over into me and my husbandís name.

Is there something we can do to keep this from possibly being a block in the process of us getting the loan modification on the property and also getting the property into our name?

Asked on 6/27/13, 10:59 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

If you have paid off the lien, then it should be released. If you owe interest and penalties on a lien, then it is not paid off and should not be released. It is as simple as that.

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Answered on 6/27/13, 11:07 am

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I would add that retaining a lawyer to handle completion of probate proceedings, making sure liens are fully discharged, and effecting change in county ownership records would make a lot of sense.....and rates for probate are pretty reasonable.

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Answered on 6/30/13, 10:30 am

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