Legal Question in Real Estate Law in California

how can i remove a lien from our home, debt incurred by relative who was on title?

my wife bought this home 4yrs ago using her adult son's income to qualify for the loan. he was put on title and subsequently failed to pay his child support. since he was on title with this home, they put a lien on the residence. he never lived at the location, did not pay the mortgage/etc. and was used by my wife only to secure the loan so that she could own the home.

Now,,we are married,,we married 18 months ago and she took him off title and put me on title. we now want to sell but can't because escrow cant get clear title.

SO, is there a way to remove the lien the son aquired while he was on title?

Asked on 8/28/13, 1:52 pm

2 Answers from Attorneys

Timothy McCormick Libris Solutions - Dispute Resolution Services

Yup. Pay off the lien. It was an asset he owned at the time the lien went on the property. It is binding and valid. We won't even go into the issues regarding possible mortgage fraud involved in this scenario. If push comes to shove she can sue him for reimbursement if he can't or won't pay the lien, but the lien is valid.

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Answered on 8/28/13, 2:04 pm

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

I agree; the only way to remove the lien is by having the lien holder record a satisfaction of lien (or similar instrument), which the lien holder probably won't do until the lien is paid in full.

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Answered on 8/31/13, 1:57 pm

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