Buying & Selling Property with an Attached Lien in Galveston County, Texas
First of all the definition of a lien is:
1. A legal claim on another person’s real property for the payment of an owed debt or obligation.
2. It is filed as a legal document with the county clerk in the county where your home is located.
3. Anyone that has a ‘legal interest’ in the property can file.
4. It will limit the seller’s title to the home and must be removed before selling.
There are several types of liens:
· The most common lien is a “Mechanics Lien” This is a lien placed on your home by a contractor, sub-contractor, builder, or home repair man for payment in full for work that has been completed on your house.
· A “Judgment Lien” This type of lien will occur if someone sues and wins a lawsuit against you. With a judgment lien the creditor is assured payment upon sale of the property.
· “Tax Lien” This is a lien placed on the property by a taxing authority. This could be the IRS, County or State.
How to deal with a lien:
· Negotiate with the person who has placed the lien on the property. Such as if you owe a contractor, make arrangements to pay what you owe in exchange for release of the lien.
· A lawsuit can be filed to order the lien removed. If a lien has been wrongly recorded against your home, you may be able to recover damages.
The best thing is to avoid liens by paying your contractors and taxes on time. If you lose a lawsuit, pay what you are ordered to pay. Should a lien show up on your property or one you are looking to buy, consult an attorney as they will be able to direct you according to the laws regarding buying and selling property with a lien in Galveston County, Texas or the state where your home is located.
(This post is NOT legal advice, it is just an overview of the definition of a lien) ALWAYS consult with an attorney in matters of liens and judgments on real property.
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