Posted on: 02nd Apr, 2010 11:07 am
My mom passed away and my dad never filed the release of lien on his house with the county clerk. That was in 1998. I found this out recently going through some papers of his. In 1999, a judgement was placed on the property for credit card debt. My dad says he knew nothing of this. The house was paid off at the time the lien was placed, but of course the county did not know that because the paperwork was never filed. What are my options? I want to file the release of lien but will my dad be responsible for the debt? His health is failing and I am trying to get his affairs in order to make it easier for my sister and I.
Welcome kristy,
If the lien is paid off, then your father will have to contact the creditor and apply for a lien release certificate. Unless the debt is cleared off, you won't receive the lien release certificate. If the debts are in your father's name, then he will have to clear off the payments.
If the lien is paid off, then your father will have to contact the creditor and apply for a lien release certificate. Unless the debt is cleared off, you won't receive the lien release certificate. If the debts are in your father's name, then he will have to clear off the payments.
We have the original release of lien from the mortgage company dated from 1998. So you are saying the county clerk will accept the release of lien when we file it, or no because their is a judgement showing on that property from 1999. The house is paid off, and the mortgage company released it, and we have that paperwork. So really their is no lien to put a judgement against but it looks that way because my dad never filed the release of lien with the county.
Hi Kristy,
If there is a new judgment on the property since 1999, then that judgment needs to be cleared off in order to make the property free and clear. Unless you do that, your property won't be considered as free and clear.
Thanks
If there is a new judgment on the property since 1999, then that judgment needs to be cleared off in order to make the property free and clear. Unless you do that, your property won't be considered as free and clear.
Thanks