Legal Question in Real Estate Law in Connecticut

Lien on Property.

My sibilings and myself are the beneficiaries of a

trust, and my father is the trustee. When I was about

11 years old, before the trust was established it was

owned by my grandfather, and my father owned a loan

shark $10,000. The loan shark put a lien on the house

in which my father legally didn't own, and still

doesn't own now but is the trustee. Would we be able

to take the lien off the house because my father never

had ownership of the property or is a trustee

basically the same as a power of attorney, and we

assume all risks? I still think there is a loop hole,

at the time that the judgement was placed, the

property belonged to my grandfather(he was still alive

at the time), and not my father. I believe the

confusion made by the court is in our first names

which are all the same. Does the trust documents

govern what particular powers the trustee has over

property?Could someone give me some help on this

matter, and clarification on the law?


Asked on 3/17/07, 7:43 pm

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Re: Lien on Property.

If the property was not in Dad's name at the time of filing, it should be void. But it may cost you some $$ to have the title insurance co cover the lien.

Read more
Answered on 3/19/07, 2:17 pm


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