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An HOA is putting a $2500 lien on an unimproved lot in Lake…

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Second opinion] An HOA...

Second opinion] An HOA is putting a $2500 lien on an unimproved lot in Lake County CA. My name as recorded is Dale Moore, Trustee. My ex wife is now trustee through a divorce settlement. The change was never recorded. The trust was dissolved many years ago. My wife and I have an ongoing dispute about the $2500 fine. In what name will the lien be recorded. Will it be against me personally. How likely will it be picked up by credit agencies and what potential effect will it have on my 750+ FICO? I have received a pre-lien letter.

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

CA

Lawyer's Assistant: Has any paperwork been filed?

With the Co Recorder? Not to my knowledge

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that covers it.

Submitted: 6 months ago.Category: Real Estate Law
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Answered in 19 minutes by:
1/8/2018
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 42,577
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What is the lien for?

.

What name is ***** ***** the current deed to the property as the legal owner...the trust... you personally... wife?

.

What name is ***** ***** tax bill?

.

When you say the trust was dissolved, was the property deeded out of it to someone else? (one way you dissolve a trust is remove all the assets from it)

.

.

thanks

Barrister

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Customer reply replied 6 months ago
The lien is a fine which will be disputed
Grant Deed - Dale Moore, Trustee of the Georgia Moore Trust dated May 20, 1985
Tax bill - Dale Moore, Trustee
After Georgia Moore passed, no change was recorded. In 2007 ownership passed to my wife from a divorce settlement agreement, also not recorded. If the lien is picked up by credit agencies, how will they handle the "trustee" designation or just place it on my Dale Moore credit report?
Real Estate Lawyer: Barrister, Lawyer replied 6 months ago

Ok, then the trust still owns the property according to the public records.. So the lien should be recorded against you in your official capacity as trustee of the trust....not personally against you. You are wearing a different hat when you are acting as trustee than when you are acting personally.

.

So since they shouldn't have any SSN associated with the trust other than the original grantor, they wouldn't place any negative mark on your personal credit as it is the trust that is liable for the debt as the current owner of the property, not you legally.

.

And if the property hasn't been transferred out of the trust by a new deed from the trust to ex wife and recorded, then the trust still exists because to anyone who researched it in the public records, it would appear that the trust still owns the property.

.

But if the credit agencies get lazy and don't differentiate between you as an individual vs. you as a trustee and put it on your credit somehow, you can dispute it and demand that they remove any negative entry since it is legally improper because you don't owe the debt personally.

.

But normally, credit agencies don't monitor non judicial liens filed... they only monitor when someone is sued and has a judgment entered against them...

.

.

thanks

Barrister

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