Legal Question in Real Estate Law in New York
Unknown Lien Found on Paid For Property
I have recently finished paying the mortgage on a private mortgage. The house was quit claim deeded to a woman who quit claim deeded the house to me several years ago. I paid the mortgage off. They have now told me there is a lien against the property by Higher Education Loans for 2 owners ago. Am I resposible for this lien? I am ready to file the mortgage satisfied papers, yet am afraid to because of this lien. What can they do to my property?
3 Answers from Attorneys
Re: Unknown Lien Found on Paid For Property
Yes you are responsible. This is why title insurance is to be used when purchasing a home.
Re: Unknown Lien Found on Paid For Property
If you did not do a title search when you purchased the home, you missed a lien that attaches to the property and becomes the responsibility of the successor owner. As such, it becomes your liability. If you did a title search and they missed the lien, you may have a claim against the title company. If you used an attorney and he failed to have the title checked, you may have a claim against him. I need more facts to give you a better answer. You could also consider going after the original borrower to get the lien paid.
Re: Unknown Lien Found on Paid For Property
You are responsible.
When you sell your home, if the lien is not paid, the lien plus interest will be deducted from the proceeds.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
