If the judge finds in favor of the plaintiff, he might put a lien on the debtor's home. Lien on House for Previous Owner? Can my HOA Record an Assessment Lien Against my Home? Nearly every HOA has the power to place assessment liens on properties owned by members who are past due in assessments. I guess, the previous owner has not paid off the lien. The previous owners were foreclosed on and the property was sold a couple years ago to the current owner (who was not aware of the lien). The lender expects you to pay off your mortgage before you can sell the property, which makes sense. Big State Home Buyers has walked thousands of homeowners through the whole process, from educating about liens to selling a property with liens, so we … In many cases, the lien holder can also have the property sold to pay the lien. This is to protect them from any liens that may be on the title under a previous owner of a home. Liens are not created willy nilly. If you are selling a home that has a lien on it, it is best to repay the debt before selling. Original Post To sum it up; I just bought a home in TN and apparently the previous owner never paid his HOA dues. Can a Lien Be Placed on a House That Has Been Sold ... and when I came home from work the other day, a guy from the roofing company was waiting at my front door. It is uncommon for people to purchase property with a lien on it because property usually cannot be sold until any liens are satisfied. Generally, a title search will determine whether a property has a lien on it. Most buyers get title insurance when they purchase a home. Below are various ways a person can remove a lien … The lien essentially makes the property collateral against monies or services owed to the other person or entity. Our property manager (former owner of the house) has a lien on the house for not paying fines. This can be very bad news, resulting in delays in selling your home … HOA threatening to put lien on my home for previous owners unpaid dues. Liens can be created voluntarily. If the landowner dies, a beneficiary, heir or buyer takes the land with the lien. What kind of fines? It would be nice if liens and mortgages disappeared into thin air when the owner of the land dies, but that is not the case in this country. For example, if a creditor sued your father and won his case, the creditor could file a lien against your father’s home. My wife and I are purchasing a home. If the previous owner has paid off the lien, then there should be a lien release certificate in order to prove that. A house can be sold “as is” when there is a lien or judgment against the property or seller. I am now applying to refinance and two liens have surfaced on the property from the previous owners. In general, the lien does not go away when a person dies. If the lien was your doing, as most are, you're going to have to start making an effort to pay that lien. A couple weeks ago, while doing research on properties in my neighborhood, I see that a “State Tax Execution” lien was placed on this house in June 2011 in the previous owners name for unpaid income taxes for 2007 for over $8,000. Bought a house in Georgia in January 2009, the title company said there were no liens, everything was clear. Upon conducting the title search, the seller's title agency discovered a federal tax lien against the previous owner in the amount of 80K. State laws vary as to the precise content of lien notices, but generally, they identify the property’s owner and provide a brief description of the property, along with the amount of fees owed and any late fees, fines (if permitted by state law), and attorney’s fees due. I am purchasing my first home from a seller who never lived in it, only rented. This may mean that the new homeowner must pay off the previous owner’s debt to keep the property. Paying Off The Lien. Bought a house in Georgia in January 2009, the title company said there were no liens, everything was clear. Although rare, sometimes title companies overlook liens on a title. A lien on property travels with the property. Collateral is an asset that has been pledged by the recipient of a loan as security on the value of the loan. If you do not want to pay the lien or do not want to purchase the title insurance, then you will have to get hold of the lien release certificate. He told me he hasn't been paid for the ... (if they even had a contract) entailed. This is a continuation of a previous submission I made. A couple weeks ago, while doing research on properties in my neighborhood, I see that a “State Tax Execution” lien was placed on this house in June 2011 in the previous owners name for unpaid income taxes for 2007 for over $8,000. The lien essentially makes the property collateral against monies or services owed to … A lien represents a debt and is secured by the land. The law regulates just how someone else gets an interest in your property. Could there be a potential property lien due to unpaid bills from the previous owner's renters? However, liens in the name of previous owners can sometimes go unnoticed in a deed. Tax authorities have the right to take your home and sell the property if the taxes -- even those from a former owner -- remain unpaid. When you take out a mortgage to buy your home, the lender will always put a lien on the property.