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Seattle Scott
Seattle Scott, Lawyer
Category: Real Estate Law
Satisfied Customers: 961
Experience:  I have 25 years experience as a Washington State Real Estate Attorney
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I am a divorced male (since 2011), and I have moved from

Customer Question

I am a divorced male (since 2011), and I have moved from Kentucky to California in 2014. I have a house in Kentucky that I was awarded from the divorce. Since I've moved, I cannot afford to pay for two living places at the same time, so I decided to do
a deed in lieu to return the house to the bank. What I found out was that my ex-spouse placed a lien on the house in 2010 without my knowledge, so I cannot return the house since it doesn't have a clear title. What can I do to have this lien removed? I have
a non-communicating relationship with my ex.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Seattle Scott replied 1 year ago.

What the nature of the underlying debt or default on your part that gave her lien rights?

Customer: replied 1 year ago.
We were still married in 2010, and I don't know the nature of the Lien. I just found out from the bank that there's a lien under her name.
Customer: replied 1 year ago.
On our divorce settlement, I'm the sole owner of the property
Expert:  Seattle Scott replied 1 year ago.

A lien is a recorded document. You need to get the lien document from the county recorders office to see what ex claims you owe her. Another possibility is that you both were on title and even though you were awarded the house, you never got a release deed from the ex, so she still shows up on title.

To get the line removed you have to sue her to quiet title to the property and prove that you do not owe her anything, but the first step is as above, go to the recorders office and do a document search under your name and her name or the property's tax ID parcel number, to find out what she is claiming.

Customer: replied 1 year ago.
We were both on the title, but when we divorced, she gave me a quit claim
Expert:  Seattle Scott replied 1 year ago.

Ok on the quit claim - assuming it was recorded.

So, to remove the lien you either pay off the debt that is the basis for the lien and get a lien release from her or you prove the lien is frivolous in a suit vs. her. But it all starts with research at the recorder's office - unless the bank can get you this info. Some county recorders have o line records search services, so you may be able to do this from California.

Customer: replied 1 year ago.
Thank you, ***** ***** all
Expert:  Seattle Scott replied 1 year ago.

Typo, o line records search . . . should have been online records search ...

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