Can a lien be transferred back off the property to the seller?

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Can a lien be transferred back off the property to the seller?

I am looking at buying a home in TX and the house has a judgement lien from the seller’s deceased spouse. Can that be transferred back to the seller and I buy the house clear?

Asked on May 27, 2011 under Real Estate Law, Texas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You are not responsible for this lien. Under no circumstances should you buy the house with this lien on it; in fact if you are finaning your lender won't allow it. Typically what happens in such an event, is that sale proceeds in an amount sufficient to pay the lien off are witheld at closing. This is done by your attorney or the title company.


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