Deltona, FL asked in Real Estate Law for Florida

Q: A lien on a house, husband and wife own together, get a divorce. Does lien have to be paid off.

If one of them wants to buy the house from the other, do they have to pay off the lien or can it just be transferred over.

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1 Lawyer Answer
Jennifer Hanson Copus
PREMIUM
Jennifer Hanson Copus
Answered
  • Fort Walton Beach, FL
  • Licensed in Florida

A: If the purchase is a cash transaction, then it would not be necessary to satisfy the lien as part of the transaction. If the purchase is financed through a bank, then the bank and the underwriter for the title policy will require that all liens be satisfied as part of the transaction.

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