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An owner can transfer the property even with outstanding liens. However, the property is transferred subject to the liens and would be vulnerable to siezure and sale by any creditor who obtains a judgment. The property would also be vulnerable to foreclosure for any outstanding mortgage that is in arrears. Also in the case of a mortgage the transfer may trigger a requirement that the loan be paid in full. One other factor to consider in such a transfer is that it would sever the tenancy by the entirety and all the benefits derived therefrom. The change should not be made without the advice of a real estate attorney.

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Q: Can you transfere title of a house to a spouse even if there are existing liens on it?
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Related questions

Can ex husband sell his half interest in house if house is paid off?

Not if the house is owned in joint tenancy with right of survivorship or tenancy by the entireties, unless the other spouse-owner joins in a valid conveyance to effectuate this. Conveyances can occur in some cases subject to liens as encumbrances.


How does child support effect a new spouse?

The spouse is not responsible for his/her spouse's child(ren). However, the State can and will intercept tax refunds and place liens on personal and real property to collect unpaid support, even if those assets are jointly held.


Is a house automatically part of the estate when someone dies?

Not always. It depends upon how the property is deeded. For example, when a married person dies the primary residence usually becomes the property of the surviving spouse. Likewise, financial obligations (loans, liens, etc.) become the responsibility of the surviving spouse although there might be exceptions in some states.


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You have to track down the owners of the liens and pay them. Your local tax office or the tax office in which the property is located should be able to assist you in the location of the holders of the lien. If you bought the property with existing liens attached to it, you bought the liens too and are now responsible for them legally. Your only recourse would be to sue the previous owners for restitiuion of the cost of paying off the liens.


If you have an existing judgment lien which has been abstracted can the lien attach to property which you will buy in the future?

yes, because the majority of judgments and liens attach to the person, not necessarily the land; however the liens do attach to any land owned by the person ==Clarification== Not all jurisdictions recognize priority of recorded judgment liens as to after-acquired property. In Massachusetts recorded federal and state tax liens affect after-acquired property, judgment liens do not.


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Does a new spouse have to pay child support in Missouri?

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Can a judge order the new owner of a dead mans former home to sell the home to pay a debt?

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If house is foreclosed do all liens have to be satisfied before title is cleared?

The liens that predate the foreclosed mortgage must be paid such as a prior mortgage. The http://taxes.answers.com and any municipal services liens must be paid. Any mortgages, attachments, etc that were recorded AFTER the foreclosed mortgage get wiped out as liens against the property.