Is personal lien on homestead enforceable?

UPDATED: Aug 30, 2011

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Is personal lien on homestead enforceable?

Boyfriend fronts down payment on my house ($44k 6 years ago). Just before closing, he asked me to sign “Equity Contribution Agreement”. Then 4 years later, boyfriend records the Agreement after I break up with him. Agreement says I am to pay back debt when title to house transfers, whether by sale, foreclosure, etc. I owe $83k more than home is worth, not including his $44k. Can I avoid lien? Not that this matters, but ex is extremely wealthy and I am a single mom with no assets.

Asked on August 30, 2011 Arizona


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If the money that was loaned to you by your former boyfriend was part of the purchase of the home by you and the loan is secured by a the "equity contribution agreement" recorded on your home, if you lose the home in a foreclosure (assuming you are willing to let it go that route), there is a possibility that if your state has anti-deficiency legislation for purchase money loans, your former boyfriend's recorded lien on your home might be wiped out and he might not have any recourse against you for its repayment.

Whether or not this would be the result is best analyzed by a real estate attorney in your state of residence.

Good luck.

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 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.

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