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Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33181
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died two years ago, and it has been a journey to

Customer Question

My mother died two years ago, and it has been a long journey to closing out her estate. My brother, sister and I were all listed as equal recipients of her assets. Most of her assets were in property, and figuring out how to distribute this equally, since values were not equal, was difficult. Anyway, we finally did it! However, the method of distribution was as such: The attorney distributed (deeded) all property from the estate to all three of us, then immediately afterwards (only the amount of time it took to put another piece of paper in front of us to sign) he deeded each individual property from the three of us to each of us individually. Said that was the best way to do it. However, it has created a hiccup. During the thirty seconds it was in all three of our names, judgments against my brother and sister transferred to the property that I received. I was set to close on a refinance of that property, when I discovered there was not a clear title because of these judgments. They were only owners of his property as a formality, and for less than thirty seconds. they are notorious for procrastinating on things, and I'm afraid I could loose the loan (and/or my locked in rate), if this goes on much longer. Is there a way to have them (and their judgments) removed from being attached to My property? They received plenty of property valued at hundreds of times the amount of the judgments. Why can't these judgments be levied against their properties? My attorney is just just saying they need to pay them and it will all be cleared up. But there is no reason to believe they are going to do that! There is nothing at stake for them. It's only affecting me and my refinance. It is a time sensitive matter, and they are not incentivized to be expedient in resolving it. They'd like to fight the judgments, which is fine with me, except that they are now attached to me, and affecting life, and ability to move on with simple things like this refinance (which I need). The only thing holding closing up is Their judgments.
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

Expert:  Barrister replied 4 months ago.

Is there a way to have them (and their judgments) removed from being attached to My property?


I really hate to tell you this...but no, not unless they are paid off or the creditor agrees to release them from umbrella judgment lien (which never happens). The second that they gained a property interest in the land, those floating liens landed on it and can't be forced off.


As a general rule, the way the attorney did it is correct, but the caveat here is that he should have asked if any of the beneficiaries had liens against them and then could have made different arrangements to transfer the properties or even sell them and just distribute cash.


I am sorry to be the bearer of bad news, but until these liens are released, your lender is not going to move forward with a refi and even if your siblings challenge this in court, the judge would rule that the liens were properly attached to the land, even if they only owned it for a few seconds...





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