Legal Question in Real Estate Law in New York

home liens and sale of the home

If a collection agency puts a lien on your home, can you sell the home or will the lien prevent you from selling the home? This would be a credit card debt incurred in my name during a divorce, and the only possible way of paying it off is ,if I receive the house in the settlement and sell it.


Asked on 11/04/04, 6:19 pm

3 Answers from Attorneys
Robert R. Groezinger GroezingerLaw P.C.

Re: home liens and sale of the home

When you sell the home, the lien should appear in a title search. The title company will require that you pay it off. This can be done with the proceeds of the sale.

Good Luck

RRG

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Answered on 11/04/04, 10:25 pm
Eugenia Montemarano Law Offices of Eugenia Montemarano

Re: home liens and sale of the home

A lien does not prevent you from selling your home; however, when you do sell the proceeds from the sale must be used to pay the lien off. This is all done at your closing. If you have any further questions, give us a call at 718-847-7880. Good luck

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Answered on 11/05/04, 9:39 am
Walter LeVine Walter D. LeVine, Esq.

Re: home liens and sale of the home

I agree. The lien is just like a mortgage or other amount owed by you that will be satisfied at the closing. If you anticipate that it will be some time before you can sell the house and pay the lien, try working out a deal to freeze continuing interest in the interim.

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Answered on 11/05/04, 10:39 am


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