Legal Question in Real Estate Law in California
Liens and Homesteads
My mother put a lien on my fathers property in 1989 for back child support. Shortly after,1990, my father homesteaded. In 1996 his wife(not my mother) had him quitclaim the home to her. Three months later she put him in a nursing home and he died from Alzhiemer's in 2002. My stepmother has since remarried and is now getting a divorce. She has informed me she will be selling my father's home very soon(to some developer for cash...like she is trying to do it without the knowledge of debtors). My question is wether my mother's lien is still binding despite the homestead and the quitclaim?
Thank you.
3 Answers from Attorneys
Re: Liens and Homesteads
Making certain assumptions, that must be reviewed, yes, your mother's lien should still be valid and she should not be able to sell it without addressing the lien.
JOEL SELIK
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Re: Liens and Homesteads
The quick answer would be that it may be enforced. However, it would entail litigation. Call me directly at (619) 222-3504.
Re: Liens and Homesteads
It would appear that the lien is valid and is still attached to the property. Generally the seller cannot get a title policy unless the payment is made. You need to go to court and establish a total amount due. This will make it easier to collect. Since the lien was recorded many years ago it may be overlooked by the title company. Recording the court order determining the amount due will provide a fresh recording.
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