What to do if my co-owner owner owes money and now their creditor has had a lien filed against our property?

I own a property jointly with my father. He has a lien against him on this property. The lien has nothing to do with myself. The person that has this lien will not respond to the real estate agents or attorneys involved in this transaction regarding settlement. There is an offer on this property but because of this person I am being forced into foreclosure. Do I as an innocent party in his lien have any legal recourse?

Asked on December 13, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You need to realize that the lien only goes to your father's interest in the property and not your own interest, however the lien most likely has an impact upon you financially.

I suggest that you consult with a real estate attorney to assist in helping you get the lien recorded on the jointly owned property you are writing about resolved so as to save the property from a foreclosure. Perhaps monthy installments to the judgment creditor by your father may help resolve the situation assuming he can afford a stated amount.

Possibly a motion to expunge the lien might be an option, but an experienced real estate attorney will need to be consulted for this.


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