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

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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

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 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.


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