Posted on: 22nd Sep, 2009 09:08 am
We have a Deed to Secure Debt on a property. The owner just Quit Claimed the house to her son. Can we still file this lein on the house?
for a little more clarification. we are a bail bond company and the co-signer on a bond signed a deed to secure debt using her house as collateral. this was in 2007. they still owe us money and we have tried to collect for over a year now. i was getting documents ready to go to court and noticed the deed to secure debt was not filed in 2007. i checked the property and in july 2009 the co-signer filed a quit claim deed on the house putting the house into her sons name. since we have the documents to file the lein can i still file it since she just quit claimed it?
You can file it, but it will not affect the quitclaim deed. The purpose of filing is to give later buyers notice of the lien. Since you did not file it, the buyer had no notice. The law says the buyer doesn't take subject to the lien, then.
