Legal Question in Real Estate Law in California
I'm in the process of getting a loan modification on a property that was given to me from my mother through probate, after her death.
There was a lien on the property, which I paid off, but now I found out that there is possibly interest and penalties on the lien.
I am trying to get the house turned over into me and my husband�s name.
Is there something we can do to keep this from possibly being a block in the process of us getting the loan modification on the property and also getting the property into our name?
2 Answers from Attorneys
If you have paid off the lien, then it should be released. If you owe interest and penalties on a lien, then it is not paid off and should not be released. It is as simple as that.
I would add that retaining a lawyer to handle completion of probate proceedings, making sure liens are fully discharged, and effecting change in county ownership records would make a lot of sense.....and rates for probate are pretty reasonable.