Can someone take their name offof a deed if there is a lien on the property because of them?

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Can someone take their name offof a deed if there is a lien on the property because of them?

The property is co-owned by two people. One of the owners moved out of the house and now wants his name off the deed. There is a $150,000 lien on the property because of him. Can it be done? Will it trigger anything by the lien holder?

Asked on May 13, 2011 under Real Estate Law, New York

Answers:

S.J.H., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

He can remove himself from the deed but the lien remains on the property and the remaining owner will now become responsible for disposing of that lien once the property is sold or refinanced. As for triggering the lien, this depends on the type of lien. If it is a mortgage or lien of credit (known as HELOC) then any change in ownership could trigger an accerleration of the remaining loan. if it is a judgment, the change in ownership will not trigger anything. However, if the creditor finds out about it, the creditor can bring litigation to invalidate the transfer and the other owner would be named in the suit.


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