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.
2 Answers from Attorneys
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.
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.