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If I pay off a lien on a house is it mine? And do the property owners have to finish paying off their mortgage?

Niceville, FL |

My parents have a house, with a mortgage, and there are 3 liens that were placed on their property. If I were to pay off one of those liens, would the property be mine free and clear? And would they have to continue to pay the mortgage?

Attorney Answers 2

Posted

If you pay of the lien you will basically provide a gift to your parents. You do not gain an ownership interest by paying off a debt.

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Asker

Posted

Would they continue to pay a mortgage though? It was a lien on it from the city because of yard maintenance issues, so it's not really a debt per se. I am trying to help them, but not sure how........

Dennis Andrew Chen

Dennis Andrew Chen

Posted

The money is owed so it is a 'debt' Paying off a debt or satisfying a lien does not affect the underlying mortgage arrangement.

Posted

The only reliable means of obtaining ownership of your parents home is for them to convey it to you by a deed. Merely paying off liens does not vest ownership in you and it does not satisfy the mortgage. If your parents desire to convey the home to you, then they and you should meet with a real estate attorney to accomplish this and to address the legal issues that would accompany such transfer, including: 1) you paying off their mortgage by paying cash or by obtaining a new mortgage in your name; 2) investigating the liens and whether they attach to the home; 3) where your parents will go.

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