If a UCC lien has been filed on my property, can I re-title it to a relative to eliminate the lien?

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If a UCC lien has been filed on my property, can I re-title it to a relative to eliminate the lien?

I had a dispute with pool builder but have no means to challenge in court. They filed UCC lien. I am unable to sell or re-finance my home. I’m considering filing a UCC-7 to dispute the lien. However, I have been told I could simply re-title the property to a relative and the lien would not follow. In my state, such liens expire in 5 years unless renewed, which may be an option as well.

Asked on February 20, 2016 under Real Estate Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, you may not do this: the lien goes with the property, however you transfer it, specifically to prevent such an obvious way of escaping a lien. Furthermore, even if you could do this, bear in mind that in re-titling the home, you'd be giving it to the relative--you'd be gifting it to the relative, and you'd no longer own it. The could evict you; sell the home and keep any proceeds left after paying off the lien; rent the home out as an income property or live there themselves; etc.


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