If I have joint ownership with right of survivorship on a condo, can a guardian of the other owner put a lien or loan on the condo without my permission?

Get Legal Help Today

 Secured with SHA-256 Encryption

If I have joint ownership with right of survivorship on a condo, can a guardian of the other owner put a lien or loan on the condo without my permission?

The second owner is not a legal resident of US. Does homestead protection apply?

Asked on January 10, 2012 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The guardian of the co-owner of the property that you have an interest in can record a lien on this jointly owned property with the county assessor's office where the property is located without your permission. The issue is whether or not this lien is valid or not.

In order to ascertain the legal validity of any recorded lien on this property that you are writing about, you should consult with a real estate attorney. Your state's homestead act should offer you protection on this property if it is your main residence as to any judgment recorded on the property. You need to realize a lien in general as opposed to an abstract of judgment are two different matters.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption