Legal Question in Real Estate Law in Ohio
Title on House
Mon passed away in 1999 and Dad passed away in 1979 - there was a lean put on the house back 1973 for $5,000 - Thru probate when my mon died it seams that the lawyer did a Certificate of Transfer on the house to me - how can that be done with a lean on the house - I am trying to sell the house now and having trouble with the title because of that lean - should there have been anything check against the house before the transfer.
1 Answer from Attorneys
Re: Title on House
The Certificate of Transfer just transfers whatever interest the decedent had in the house to you. As part of the probate estate of your Dad or your Mom, they should have addressed the debts of the estate. It could be the debt was paid off and the lien was never removed or noone knew of the debt. The easiest way to address it is to try to find the Creditor and ask for them to remove their lien. If you can't locate them, you would have to bring an action to quiet title in the courts to clear up the title. Consult an attorney.