Legal Question in Real Estate Law in Wisconsin

I am in the process of going through a deed in lieu of foreclosure and the negotiator found that there is a child support lien on my property from the previous owner. What do i need to do to have this removed? Are there any legal issues with this? Do I legally own the property?


Asked on 1/14/11, 6:11 am

1 Answer from Attorneys

JAY Nixon nixon law offices

You need to retain an experienced real estate lawyer as soon as possible. You may have a claim against your title insurance policy, depending upon how well represented you were at your last closing, such as whether or not there was a gap endorsement on your policy and whether your closing documents were recorded promptly enough to trigger the benefits of that endorsement. The bad news, however, is that this lien may be ahead of you in ownership interest and that you may not be able to sell or refinance without resolving it somehow. Due to a poor lien recording system authorized by WI law, child support liens against real estate titles are sometimes difficult to locate, making them a real challenge in WI real estate transactions. All WI home buyers should therefore be represented at their closing by qualified attorneys (in addition to any broker representation) who are specifically working for and paid by the buyer rather than the sellers or the title company. My comments here are not legal advice, nor do they create an attorney client relationship between us. However, you always more than welcome to contact my office to discuss additional questions which you may have or to set up a free consultation at my office in Racine.

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Answered on 1/22/11, 6:21 am


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