Legal Question in Real Estate Law in Pennsylvania

Student Loan Lien against property owned by spouse

Question: Married couple. Wife has title to the house 100% and then after her the husband gets 100% title but the house is hers. Her credit record is clear. His has student loans against him. How can the Dept. of Ed put liens on the house if she owns the house? What can we do to get the liens off the house?


Asked on 7/15/05, 3:29 pm

2 Answers from Attorneys

Mark Johns Mark Johns, Esquire

Re: Student Loan Lien against property owned by spouse

If the wife owns the house and is the only name on the deed then Dept of Education should not have any claim and therefore should not have a lien. To remove it you need to file a complaint in Common Pleas Court to strike the lien. I offer free consultations.

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Answered on 7/15/05, 4:25 pm

Re: Student Loan Lien against property owned by spouse

Not to beat you up, but your 'question' does not make sense...

You say, "Married couple. Wife has title to the house 100% and then after her the husband gets 100% title but the house is hers". If he has 100% title, then ONLY his name is on the Deed, so HOW is the house hers???

Either the house is deeded in her name, his name, both their names, or someone else's name. If his name is on the deed, you have a problem, and you can not compell them to remove the lien. If his name does NOT appear on the Deed, then you need to immediately send a copy of the deed to the Student Loan people showing his name is NOT on the Deed, then TELL them to remove the lien, and that if they fail to immediately remove the lien, your wife will file suit on or before ___(specify a date)___ suing them for Slander of Title, plus all costs and atty fees.

DO THIS IN WRITING AND SEND BY BOTH REGULAR USPS AND CERTIFIED RETURN RECIEPT !!!!!!!

Good luck.

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Answered on 7/15/05, 5:38 pm


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