Can you contest a lien put on a property that your ex-spouse no longer has any rights to?

The short sale of my girlfriend’s home is being held up by a lien placed against her ex-husband. The lender may settle with the lienholder but the collection agency won’t even communicate with us. The ex has no legal right to the property.

Asked on November 1, 2011 under Real Estate Law, Nevada

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You can contest a lien recorded on the piece of property that is being sold. However, to determine if the lien is valid or not, one has to determine when the lien was recorded in relation to when the ex-husband's name went off title to the property being sold.

Meaning, if the lien was recorded when the ex-husband was still on legal title to the property being sold, then the lien is probably a valid lien. If the lien was recorded after the ex-husband's name went off record title to the property, then the lien is probably invalid.

Good luck.


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