I bought a house in 1995. I got married in 2002. I am now trying to sell my house and found out that my husband has a judgement against him for an accident that he had in 1994. They say that I have to pay off that debt before I can sell my house. Isn't it protected because it's my homestead? Is the fact that this accident happened before we got married make a difference? Thank you in advance.
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lien on homestead
- Thread Starter upsetjm
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seniorjudge
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What does the title insurance company (the one where you bought title insurance) say when you ask this question?
Is husband on title?
Is husband on title?
seniorjudge
New Member
I have not spoken to them (after this, I will) but this is what the title company of the person buying my house has said. He is not on the title insurance. Does that make a diference?
thank you for your reply
Is your husband's name on the deed to the place?
Also, tell me EXACTLY what the buyer's title insurance company says (leaving out personal info).
His name is not anywhere on anything. I just married him. I never added his name to anything.
After speaking with the title company again and doing some research on my own, I have since learned that they HAVE to give me a partial release. I did not fully understand what that meant.
The title company of the buyer says we have to have either a partial release or pay it off. When I call the attorneys office where the judgement came from, they told me that they cannot give any type of release and that it had to all be paid. I spoke back with the title company and was told that they did not have a choice. So basically, I've been told two different things now.
Also, the attorneys office says that the attorney is out of the country and that no one else can handle this but him and he won't be back until june 11th, which is supposed to be our closing date.
Bottom line, is my homestead protected from this type of lien and if so, how can I get them to honor that?
Thank you
After speaking with the title company again and doing some research on my own, I have since learned that they HAVE to give me a partial release. I did not fully understand what that meant.
The title company of the buyer says we have to have either a partial release or pay it off. When I call the attorneys office where the judgement came from, they told me that they cannot give any type of release and that it had to all be paid. I spoke back with the title company and was told that they did not have a choice. So basically, I've been told two different things now.
Also, the attorneys office says that the attorney is out of the country and that no one else can handle this but him and he won't be back until june 11th, which is supposed to be our closing date.
Bottom line, is my homestead protected from this type of lien and if so, how can I get them to honor that?
Thank you
seniorjudge
New Member
...
Bottom line, is my homestead protected from this type of lien and if so, how can I get them to honor that?
....
I am still not clear why there is a lien, but, in any event, you have to satisfy the title company or it will not close.
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