Q: Am I responsible for a lien placed on a home I no longer own? The lien was placed on it three weeks after I closing.
I sold my home. Three weeks later I received a letter from the title company saying that a lien has been placed on my former home from a credit card debt. They also stated I was responsible for taking care of it. I was unaware of the impending lien. From a moral standpoint I know I should pay it off which is what I am currently doing. My question is, from a legal standpoint am I obligated to? What legal avenues do the title and credit card company have if I just decided to stop paying on it.
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A: The debt had to become a judgment before it could be used as a lien. Remember getting sued? You may be able to set aside the judgment, but you would still be possibly owing the debt. Apparently noone recorded the deed you signed until after the lien attached. If you signed a warranty deed, then you may get sued for breach of covenants by the grantee. You need a SD attorney now, as the actions against you could be catastrophic.
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