If a UCC lien has been filed on my property, can I re-title it to a relative to eliminate the lien?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 8 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.
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 AttorneyPages.com 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.