Legal Question in Real Estate Law in California

propery lein

My property has been leined ''in case'' I become delinquent on child support. I am not delinquent, only current. Is this legal? What can I do to keep them from leining my home? Such as maybe paying one month in advance?


Asked on 3/23/04, 12:44 am

1 Answer from Attorneys

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

Re: propery lein

A lien is just a way of providing collateral to secure the payment of an obligation. It's like a mortgage. You get rid of the lien of a mortgage by making all the payments. It's the same way, pretty much, with a child-support lien -- it doesn't say you're delinquent, it only says that should you become delinqunet in the future, the lien could be foreclosed and the collateral sold to obtain payment of your obligations.

If you question whether the lien was proper in the first place, have a local lawyer look at the court processes that led to the recording of the lien in the first place, and file an appropriate challenge if the lien is improper.

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Answered on 3/23/04, 1:28 am


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