Legal Question in Real Estate Law in California
Lien Release
I have a lien on my property and there is an abstract filed in my sisters name from a judgment. She has quit claimed the house to my husband and I sometime ago. We initially owned it together.
The original creditor was notified that we are not the debtors but will not release the lien. What can we do?
1 Answer from Attorneys
Re: Lien Release
More facts are needed. How was title held when all three owned it? Did you pay full value for the quitclaim deed, or get a bargain? When did you first become aware of the lien? When was it recorded? This is important because sometimes a "bona fide purchaser for value, without notice" takes free of the lien. Otherwise, you may be stuck with the lien, and your recourse would have to be against the person (your sister, I suppose) who owed the money that resulted in the lien in the first place.
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