Orange, TX asked in Real Estate Law for Texas

Q: My mom wants to gift land with liens on it to her son. Will he inherit liens and could he lose land if not paid?

Can she actually give it as a gift to her son? Will he then be responsible for her liens? I know he can't buy or sell until liens are paid, but could he lose the land if the liens never get paid?

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1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery

A: Such a conveyance is transferring ownership of the real property, and the liens encumber the property, so the son grantee takes subject to the liens. Mother will still be a Judgment Debtor and the property is still subject to the Liens, which may be executed upon sometime. Son is not personally liable for the debts.

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