Is there a way where I can remove a judgment lien against my house if my son and not me is the debtor?

UPDATED: May 3, 2012

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Is there a way where I can remove a judgment lien against my house if my son and not me is the debtor?

My son’s name was removed from the deed to my house 2 years ago. I am doing a reverse mortgage and the title attorney saw a lien against my address. The debtor is my son and not me. How do I handle this situation so I could have my application to do a reverse mortgage approved? Also, my son is now in the process of a bankruptcy procedure.

Asked on May 3, 2012 under Bankruptcy Law, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If the lien recorded on the house that you are writing about was recorded when you and your son were of record owner of it, then the lien remains until it is paid off.

The rationale is that for a lien to be recorded on a property against the person who has an interest in it, and to be removed simply by that person (judgment debtor) being taken off title results for all intents and purposes as a fraud on the judgment creditor.

The only way to get the lien removed is to have it paid off regarding your home.

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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