Can A Lien Be Placed on My property for My Son's Debt if He Resides on the Property?
Full Question:
Answer:
The answer will depend on all the facts involved, such as whether the son has an ownership interest in the property. To create a valid lien, it is essential that the party against whom the lien is filed should have the absolute property or ownership of the thing or, at least, a right to vest it. If a lien is in fact not authorized, the owner may request the person or entity who filed it to file to have it removed. If the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees.
Send the request to the claimant's last known verified address. In some cases, a letter alone may avoid litigation. Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.
If the lien claimant doesn't remove the invalid lien, and the time has expired to foreclose the lien (in the case of a mechanics lien, there are statutes of limitations to foreclose), you may petition the court for a decree to release the property from the lien.
In a sale of property, the liability of the seller for liens deoends on whether a warranty deed or quit claim deed is used. A warranty deed typically guarantees there are no liens or other claims on the property, whereas a quit claim deed contains no such assurances and the property is sold subject to any exisitng liens. It is generally the buyer's duty to investigate the clear nature of the title when using a quit claim deed. A title company will often be hired to perform a title examination or title insurance may be provided.