Bronx, NY asked in Civil Rights, Real Estate Law and Small Claims for Florida

Q: Hello my dad passed way two year ago I he have a house whit a lien on it can still transfer title to my name

But that lien will show on my credit after transfer

2 Lawyer Answers
Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: You need to file a probate petition. Assuming that the property is in Florida, you should contact a Florida attorney who can advise you how to proceed. It may be necessary to pay off the lien, but in any case I would doubt that the lien will show on YOUR credit reports.

Phillip William Gunthert agrees with this answer

Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: You will need to contact a Florida Probate Attorney, after two years have passed you will be able to file a Summary Administration with the help of an attorney, this is usually faster and far more efficient. As far as any lien attached to the property, it remains attached to the property and you will need and want to address it through probate of course it depends on the type of lien) as not all things can be attached to property and especially not to Homestead Property. Your starting point, a Florida Probate Attorney I would recommend. I am not sure of the status of your credit, it will depend on the type of lien and what claims they may have as it relates to the property and you as the new owner, it is even possible that the lien may not even be valid, totally depends on what it is and the circumstances. As the new owner after probate, you should be able to arrange something as it relates to paying off any valid lien that is on the property.

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