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I sold a piece of vacant land to a person who it turns out…

Customer Question
I sold a piece...

I sold a piece of vacant land to a person who it turns out to be a person with a child support lien on him at the time. Now i am foerclosing on him and find this out about the lien. Is there any automatic relief for me ?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

Nothing complete, ready to proceed but am still thinking how to get the liens off without paying up front

Lawyer's Assistant: Where is the vacant land located?

Not vacant any more has a house on it

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

In mission texas allready had the person give me a quit claim deed but i am holding it.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 4 minutes by:
3/31/2018
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago
Law Educator, Esq.
Category: Real Estate Law
Satisfied Customers: 126,000
Experience: Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Was your lien in place on the property before the child support lien was placed?

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Customer reply replied 3 months ago
No
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Thank you for your reply.

Liens on property are paid in order they are placed. So if the child support lien was placed before your lien was placed, it has to be paid first. You can foreclose on the property and you would then have to seek to remove the lien through going to court. If not you would have to pay the lien off from proceeds of your sale before you can collect anything.

The liens have to be satisfied based on dates they were placed. You do not have to satisfy any liens placed after your lien, but you do have to satisfy liens placed before your liens.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
The lien was placed on him personally first and then he purchased the property.
Real Estate Lawyer: Law Educator, Esq., Lawyer replied 3 months ago

Thank you for your reply.

So, if you financed the property, then you had the lien on it as the first financer and then the child support lien would be second to that lien on the property, it does not matter that it was on him personally first. So if you had the finance lien on the property then they put the lien on the property, when you foreclose that lien should drop off.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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