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?
Criminal Defense Attorney
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.
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.
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