Legal Question in Real Estate Law in California

Lien

Can a lien be put against a parent's house due to a 25 year old son not paying child support? The son does not live at home, the son's name is not on the deed. Father and son have the same name.

Thank you.


Asked on 4/06/01, 11:54 am

2 Answers from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: Lien

Sounds like a mistake to me. You should see an attorney promptly unless you can get it removed with a few phone calls. If you suffer any adverse consequences as a result of the lien, you may have a right to recover damages.

Read more
Answered on 6/08/01, 1:19 pm
Thomas W. Newton Tims & Newton

Re: Lien

I agree with Mr. Whippple's reply, but would offer

an additional thought or two.

From what you've described, this sounds like

a case of mistaken identity that should be easily

resolved. The lien should show on its face the

name of the person, law firm, governmental agency

or other entity that caused it to be recorded. I

would contact them and state that you are not the

person who is subject to a support order. Let

them know you will be happy to provide them

necessary information so they can assure

themselves that you are not the person from

whom they seek payment. Then ask them to

record the appropriate lien release, and once

they have done so, send you a certified copy

of that release which bears the County Recorder's

date and time stamp.

If they refuse or fail to respond after another

letter or two referencing your earlier

communications, it may be necessary to file

suit to quiet title to the property.

Make sure you keep photocopies of all your

correspondence to them, and send all originals

via Certified, Return Receipt Requested mail.

If you need further information, please feel

free to contact me.

Now the inevitable caveat:

The foregoing information is provided as an

accommodation only, and does not constitute

specific legal advice or a biding legal

opinion based on a comprehensive review of

all relevant facts and documents, nor can

provision of such information be construed as

creating an attorney-client relationship.

Read more
Answered on 6/08/01, 1:27 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in California