Legal Question in Wills and Trusts in Virginia

selling inherited property with liens and judgments

I inherited property from my sister. The property has liens and judgment on it that exceeds it market value. If I sell this property, how can the buyer get a clear title to the property?


Asked on 7/07/04, 11:41 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: selling inherited property with liens and judgments

Presumably your sister died intestate (without a will)and you took title to the property through the state's statutory scheme of inheritance. If that is the case, then you took title subject to the encumbrances (liens/judgments)against the property which were in place at the time title passed to you.

That means in order for you to sell the property,

the liens must be paid off and the judgment creditors satisfied before the property can be conveyed to a new owner. This would be your responsibility in order to clear the title and not that of a prospective purchaser.

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Answered on 7/08/04, 6:10 pm


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