How does a lien affect my property sale?

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How does a lien affect my property sale?

I have a lien for unpaid taxes and am trying to sell my house. There will be plenty of money from the proceeds of my house but I don’t have the cash to pay it off before the house sells. Will this lien affect or prevent the sale?

Asked on June 19, 2009 under Real Estate Law, Maryland

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I hope you have an attorney handling this.  The law and procedure do vary sometimes, from one state to another, and advice you can rely on has to be based on all of the facts.  If you need to find a lawyer, one place to look is our website:  http://attorneypages.com

In most states, the lien wouldn't prevent the sale.  It would show up on a title search, and it will be paid out of the proceeds at closing.  One side or the other will contact the tax collector and get a written payoff statement, so the exact amount needed can be collected, and it will be sent in to release the lien.  Your buyer (and the buyer's mortgage lender) will probably see to that, to protect their own interests.  This is all routine for real estate lawyers.


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