If I have joint ownership with right of survivorship on a condo, can a guardian of the other owner put a lien or loan on the condo without my permission?
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If I have joint ownership with right of survivorship on a condo, can a guardian of the other owner put a lien or loan on the condo without my permission?
The second owner is not a legal resident of US. Does homestead protection apply?
Asked on January 10, 2012 under Real Estate Law, Florida
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The guardian of the co-owner of the property that you have an interest in can record a lien on this jointly owned property with the county assessor's office where the property is located without your permission. The issue is whether or not this lien is valid or not.
In order to ascertain the legal validity of any recorded lien on this property that you are writing about, you should consult with a real estate attorney. Your state's homestead act should offer you protection on this property if it is your main residence as to any judgment recorded on the property. You need to realize a lien in general as opposed to an abstract of judgment are two different matters.
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