Legal Question in Real Estate Law in Colorado
When does a quit claim deed become legal?
I am purchasing a house from a party that was divorced in 1999. During that divorce, a quit claim deed was drawn up, signed and notarized, removing the ex-husbands right to this property.(as per the divorce decree.)However, the attorney failed to have it recorded with the county clerks office. The seller has since had this document properly recorded.(two years after the fact) During the recent title work to prepare for my closing date, it was discovered that a lien was placed on this property one week prior to the subsequent filing of this belated document. (This lien is the result of a judgement entered against the ex-husband on debts that were incurred after the divorce was final) I was scheduled to close on this property in one week. I am locked into this rate and figures for 30 days. (which will expire in one and a half weeks) I have called the attorney that filed this lien and faxed him a copy of the quit claim deed. I offered to settle this lien myself with a reduced amount. We can not find the ex-husband, and the attorney said that he can not deal with me because I am a ''Third Party''.
1 Answer from Attorneys
Your question
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
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fax (303) 922-1370
Cherry Creek Office:
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Denver, Colorado 80209 USA
(303) 780-7339
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LawGuru User
Dear LawGuru User:
The attorney who placed the lien should have discussed settlement with you.
Sometimes attorneys are reluctant to talk to people who are not representated by an attorney. Or perhaps the attorney is not interested in settlement because he is willing to wait until the property is sold to discharge the lien in full.
The law of liens is extremely complex, and I am uncertain of the answer to your question without further research.
In any case, either retain an attorney, or call the attorney you contacted again and tell him you consulted an attorney who says that even though you're a third party, he is required to discuss settlement with you.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
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