Q: How to sell property with a lien for child support arrearages?
I own one-third of a property, and there is a lien on my share due to back child support arrearages. The lien amount is less than my share's value. The co-owners are willing to sell the property, but the sale process has not started yet. I have paperwork showing the lien on my portion. How can I proceed with selling the property and clearing the lien?
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- Tennessee
- (865) 637-3035
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- Answered
A: The lien is against property that you have a titled interest in, not just against your share. So closing instructions or sale contract provisions should expressly state that the CS is to be paid at closing. Be sure the CS persons are ready to release the lien immediately, and draft a proposed release to be executed and recorded. You can agree to pay CS lien out of your share.
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