How does a judgement lien on real estate against the executor affect the sale of estates property?

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How does a judgement lien on real estate against the executor affect the sale of estates property?

I want to buy a for sale by owner house. The decedent was sole owner and deed holder. The executor has judgment liens on real estate against her. There are prior year taxes owned on the property but no liens are against the decedent or the estate.

Asked on May 5, 2012 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The judgment against the executor of the estate should have no bearing on whether you will be able to purchase the property that is part of an estate if the executor does not have title to the real property that you are interested in.

If the executor is on title to the home that is part of the estate that you want to buy and there are recorded abstracts of judgment against the executor concerning this home, in order for you to close the transation, the liens against the property that are recorded need to be satisfied in full so that you get free and clear title. It is imperative that you get a preliminary title report on the property that you want to buy before you close escrow on it.


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