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legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 8945
Experience:  Just Answer consultant at Self employed
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Attempted to purchase a home was set to close on Thursday

Customer Question

Attempted to purchase a home was set to close on Thursday and on Monday a federal lien was discovered for 31K. How can this be resolved outside of paying the full amount. The lien is out of fort bend county Texas.
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Sugar Land, Texas
JA: Has any paperwork been filed?
Customer: No.
JA: Anything else you want the lawyer to know before I connect you?
Customer: No.
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  legalgems replied 3 months ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 3 months ago.

Normally the seller will ensure that all liens are paid before listing the house for sale, because most buyers want a clear title, and most lenders will not finance a house with a lien on it.

The buyer may accept the lien, but if so that is usually deducted from the sale price.

The seller can remove the lien by contacting the lienholder and negotiating a lower settlement amount. There is no way to force a lienholder to reduce the amount as that can only be arranged between the parties.

Normally a sale is made contingent on the title being clear (for example please see here)

Further questions? Please post here to continue the chat.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 3 months ago.
No. I'm sorry. It's not the builder or loaner that has a lien. It was discovered that I myself the buyer shad a 15 year old lien against me. Sorry for the confusion. How can I resolve this besides paying ful amount.
What are my opinions if any?
Thanks
Expert:  legalgems replied 3 months ago.

What property is securing the lien? Is the lien at issue now because the lender is requesting that the lien be paid off before they fund the loan?

Customer: replied 3 months ago.
The lien against me (myself) is for not paying a required restitution issued by the federal court back in 2001. The title company will not secure my financing with a outstanding lien against me. The lien is 31K.
Expert:  legalgems replied 3 months ago.

It can only be discharged in bankruptcy (code is below); so the only way to satisfy it is to pay it in full unless they are willing to settle on a lesser amount. A private party lien is valid for 10 years, and can be renewed; a lien held by a governemental agency is good for 20 years and can be renewed.

Sec. 52.042. DISCHARGE AND CANCELLATION. (a) A judgment is discharged and any abstract of judgment or judgment lien is canceled and released without further action in any court and may not be enforced if:

(1) the lien is against real property owned by the debtor before a petition for debtor relief was filed under federal bankruptcy law; and

(2) the debt or obligation evidenced by the judgment is discharged in the bankruptcy.

(b) A judgment evidencing a debt or obligation discharged in bankruptcy does not have force or validity and may not be a lien on real property acquired by the debtor after the petition for debtor relief was filed.

Expert:  legalgems replied 3 months ago.

Checking to see how the above worked out for you.
If you decide to hire an attorney:

Here is a link to the bar association's legal referral site:
http://apps.americanbar.org/legalservices/lris/directory/

Thank you for using JA!