What to do about a lien on jointly held property?

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What to do about a lien on jointly held property?

My home is an owner finance with a title company handling things. The home is in mine and my ex-girlfriend’s names and she hasn’t lived here for 5 years. She doesn’t want any part but she has a $17,000 lien on the property. The man holding the mortgage is my friend and will help me. I want to pay the place off but I don’t want to pay her lien. How do I get around this?

Asked on February 9, 2011 under Real Estate Law, Arizona

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Ok.  I need more facts and some clarification in order to give specific guidance on the matter.  So here are some generalities.  You can not "get around" a line on property.  The title company will not allow it.  If your friend wants to be hauled off and sued in Court then he should not consider this to be helping you.  What is the lien for?  What you can do is try and offset the amount of the lien by the amount that she has owed in back mortgage payment, upkeep, taxes, etc., as it has been her responsibility as well even if she did not live there.  Seek some legal help here.  Do not play with fire.  Hell hath no fury as they say.


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