My brother has a child support lien on property that we both own can I still sell?

Question

My brother has a child support lien on property that we both own can I still sell?
I had someone who contacted me who is interested in purchasing my property that I own 1/2 of along with my brother. I did a title search and discovered that their is a child support lien on the property. Can I still sell?

Answer 1

The lien has to be satisfied. Dont let the face value of the lien fool you. This could be for a LOT more than you think. Not to mention, your brother has to be in on the deal as well. Depending upon the way you appear on title, you may or may not actually own 1/2 title. And you may not be able to sell your half. In point of fact, most people would not buy 1/2 title to a home. You need to get your brother to satisfy that lien or it could conceivably eat up all the equity before you know it.

Answer 2

You cannot sell unless the lien is cleared by either you or your brother. (Or if the agency which placed the lien releases it, which is NOT going to happen.)

You need to discuss this with your brother. If he is in agreement with the sale, the lien can be cleared at closing, with a check from his proceeds going to the agency which placed the lien. A title firm can handle this for you.

Answer 3

sure but you will have to pay off the lien to get clear title to the whole thing which the buyer wants and with your brothers OK, if not will need a court order to sell

Answer 4

Any and all liens must be payed in order of date issued. Your first mortgage takes precedence then any jr. liens (seconds, helocs) followed by judgement liens. In other words there is nothing you can do, it will have to be paid, NO MATTER WHAT. However you can sell it.

Answer 5

Not without paying off the lien.