Can I get a deed in my name if the owner of the property owes back taxes and has a lien against said property?

Asked over 1 year ago - Omaha, NE

My father in law is selling my husband and I his house in form of a land contract but we have recently found out that he has a lien against the house. Can we get the deed in our name before he gets these taxes paid off?

Attorney answers (2)

  1. Brendan Michael Kelly


    Contributor Level 18
    Best Answer
    chosen by asker

    Answered . You can take the property, but it will come with the lien attached. A lawyer may be able to help you out. Most will meet for a free consultation.

  2. Michael T Millar


    Contributor Level 19

    Answered . Although you can receive and file a deed to the property, if you are aware of the lien and pay funds over to the debtor, you might be sued by the creditor for the amount of the lien. Also, tax liens run with the land so that your property would be burdened with a lien which would prevent you from obtaining a mortgage (a mortgage lender wants to have first priority - a pre-existing lien would be superior to the mortgage).

    I am not a NE attorney, laws vary from state to state, therefore you should always consult a local attorney.

    If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education... more

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