Yes, but as part of the settlement the lien will be considered and the buyers agent and especially the mortgage company will demand satisfaction of the lien before the property transfer is completed. If the lien is improper, it may be possible to sue to have the lien removed. In some states leins must be satisfied within a given time period otherwise they become worthless. Also in some states, a contractor only needs to come by to do "warranty" work to start that clock over. Liens can be tricky and are usually best discussed with a real-estate attorney.
The lain stays with the mortgage. And if the owner of the mortgage does not settle up with the lien holder that person cannot sell their house, car, boat or whatever the lien is on. They have to pay lien first or sell and before they get the money the amount of the lien will be deducted from total sell
The lien must be paid at the time of the sale. You can sell your house, but the title company will pay the lien out of your proceeds or require you to come to the table with the money if there is not enough received from the sale. This is because they need to provide clear title to the house to the new owners.
Generally, and depending on the type of lien, you don't have to sell your property if a creditor records a lien. However, you cannot refinance or sell the property without paying the lien. Interest accrues the longer a lien remains unpaid. If the amount is substantial enough the creditor can obtain an order to sieze and sell the house to recoup the amount owed plus costs and interest.
To sell your home, you put a FOR SALE sign out front. If the value of the lien is less than what you will get out of the house, then when you sell the house and pay off the lien, you get the rest of the money. If the lien is for more than the house is worth and you are ready to move elsewhere, you hand the keys to the IRS and say. "Here, have fun. It is all yours." At that point you owe more on the house than the house is worth.
The property is subject to a lien. The question isn't whether you can sell it. The problem is that the buyer won't buy the property as long as there's a lien on it. Your attorney will need to negotiate a partial release or a full release with the lienholder if you will pay off the lien, or half of the lien, out of the proceeds from the sale of the 20 acres. If you don't pay the lien in full and the lienholder agrees to a partial payment then the lien will still be an encumbrance on your remaining property.
Assuming you are talking about an IRS lien, then yes. If you were not liable for the taxes, then the lien should not be on your property. The first thing to determine is whether or not the lien actually attached to your property. If the previous owner of the house owned the house at the time the lien was filed, then the lien probably legally attached to the house. If this is the case, this is something you should take up with the title company that did the title work when you purchased the house. More common is that the IRS filed a lien and the address they had on record was still his old house (your house). Just because the lien had that address on it doesn't mean you have a lien on your house. If the property wasn't his, then it did not legally attach. If a title company still has issues with this (if you are trying to sell your house), you may need to get a Certificate of Non-Attachment from the IRS to show them that it's not attached.
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