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

Answers:

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.


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