Legal Question in Real Estate Law in California
I own a home with a friend. He is not on the mortgage since he didn't qualify but I added him to the title after. Now we are trying to sell, but creditor and tax liens have shown up on the title report under his name. Can I quit claim him (he has agreed to sign) off the title so the house can be sold?
3 Answers from Attorneys
If your friend executes a quitclaim deed to you, you will obtain title, subject to the recorded liens. So, if the liens are not subject to challenge (e.g. they are untimely, improper in form, invalid because the underlying debt is invalid), your property is stuck with them, unless you can work out a deal with the creditor, pay off the underlying debts, or deal with them in bankruptcy.
Saltzman is right. Once the liens attach, they stick until released by payment or court order.
All of the above are correct. The liens follow the deed, whether it is a grant deed or a quitclaim deed, until they are either satisfied or the court releases them by order.
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