Shouldn’t my dad’s credit card lien be taken off jointly owned property if he is now deceased?

UPDATED: Mar 7, 2012

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Shouldn’t my dad’s credit card lien be taken off jointly owned property if he is now deceased?

I have joint tenancy with right of survivorship on my home with my parents. They are both deceased now. I was trying to refinance but a credit card lien came up on the title of the property. What can I do?

Asked on March 7, 2012 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Unfortunately, if the credit card lien with respect to the jointly owned property arose before your parents passed, then the lien remains since it was prior to the deaths of your parents.

The lien remains on the property jointly owned until it is paid off. The best way to remove this lien of record on the real property you have written about is to pay it off and obtain a full release to be recorded on the parcel.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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