Omaha, NE asked in Divorce and Real Estate Law for Nebraska

Q: Does a subordination of real estate lien hold up the selling of property, until paid?

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2 Lawyer Answers
Anthony M. Avery
Anthony M. Avery
PREMIUM
Answered

A: It can and should, as the grantee does not want the lien against his real property. It may have a second priority, but it is still a lien. If the grantee wants two liens against his property, then he can accept the deed with those encumbrances.

Julie Fowler agrees with this answer

Julie Fowler
Julie Fowler
Answered
  • Omaha, NE
  • Licensed in Nebraska

A: It certainly can. It depends on your specific real estate transaction. Selling a home is much different than selling a factory and there isn't enough info in your question to know about this specific transaction. That being said, assuming this is the sale of a home, you generally must pay off all liens as part of the terms of the sale. Most buyers won't buy a home that will continue to have a lien on it after the sale is complete. The contract will often require that the seller pay off all liens as part of the sale of the home. Generally these liens don't hold up the sale of the real estate so long as the proceeds of the sale of the home are enough that the liens are paid off at closing.

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