If I purchase a home that has a lien from a prior relative that passed away, am I responsible for lien?

Asked 7 months ago - Palm Harbor, FL

The woman im buying house from was left the house from her mother passing away. I just found out that it has a broken window lien from 7 years ago from when the mother was alive. The city says this is a family estate lien and isn't on property, so should I be concerned if I purchase home? Why would it come up if it doesn't effect the property?

Attorney answers (3)

  1. Carol Anne Johnson

    Contributor Level 18

    6

    Lawyers agree

    Answered . Why would the city be weighing in on this one? That doesn't make any sense in a sale between two individual parties. What type of purchase is this? If you are being offered a Quit Claim deed in the sale, you will be responsible for any and all valid liens that are attached to the property. If you are getting a Warranty Deed an title insurance, then you should be okay as they will warrant that the property is marketable and free from the claims of others. If you don't have a Realtor (which it sounds like) then you definitely need to hire a good real estate attorney to review your purchase contract and the title issue before closing on the property.

    My answer is of a general nature and should not be construed to be legal advice nor creating an attorney-client... more
  2. Sallie D. Skipper

    Pro

    Contributor Level 6

    4

    Lawyers agree

    Answered . It is not required by law, but the standard in the real property community is for the Seller to provide to the Buyer with title insurance. Title insurance will guarantee you clear title, describe liens, if any, and defend you if there is a problem. It is not your job to investigate potential liens. The Seller is supposed to deliver good title (and insurance is highly recommended). This response to your question is not intended to be a substitute for a legal opinion about your situation or the lien in question.

    This response to your question is not intended to be a substitute for a legal opinion about your situation or the... more
  3. Joseph Franklin Pippen Jr.

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . Just insist on a warranty deed and title policy(without exceptions).
    If you receive those-you will be OK.

    The answer given does not imply that an attorney-client relationship has been established and your best course of... more

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