Legal Question in Real Estate Law in Virginia
Property Liens
I purchased property jointly and he received two liens on our property, Child Support and a hospital bill. They are both over 5 years old. The property is now deeded in my name only but both names are on the Bank Loan. Can I refinance my home without paying these liens first or is there a way to get these liens off my property myself or does he have to do this?
1 Answer from Attorneys
Re: Property Liens
The operative question is how did you manage to get the deed to the property in your name only if
the name of your joint purchaser is still on the mortgage loan?(The child support and hospital bill lienholders never would have knowingly agreed to this.)
Normally, under the scenario that you have described, liens must be paid off first before
property can be sold and/or refinanced. However,
if you're not the named debtor involved in the
liens and no fraud and/or misrepresentation was involved in the removal of the other person's name from the deed, you should be able to refinance free and clear of these encumbrances.
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