in a short sale, if there is a lien (child support) on the property. lien needs to be paid in full correct

Margie
Other/Just Looking
Hampton, NY

Should a real estate agent contact the person with the lien to negotiate amount? I believe that my niece is being treated in a fraudulent manner.

Answers (2)
Keith Manson
Agent
Milwaukee County, WI

The transfer a home the title has to be clear. Any and all liens have to be cleared. The more complicated the more there is a need for an attorney to resolve the issue. Your niece is not being treated badly, however, just because the bank has taken less does not mean all other liens will also negotiate with her. The short sale is something that helps the bank and helps your niece. Child support is something totally differnt and why would they want to reduce their judgement? This issue your niece and attoreny need to work through is how and why this lien should be reduced. It always easier when the liens are associated with the property only!

Good Luck!

Keith Manson
First Weber Group
Certified Distressed Property Expert
Greenfield, Wisconsin

Thu May 7 2009, 15:04
Bob & Richelle...
Agent
Bethel, CT
FIRST ANSWER

Realtors should not negotiate property liens as they are not attorneys. Liens should be negotiated by an attorney as a lien is a legal claim or a "hold" on some type of property, in this case real estate. In the case of a real estate transaction, if there is a lien, it would the seller's attorney who negotiates this - usually with the attorney of the lien holder.

Child support laws vary from state to state. We are unsure what part your niece plays in this scenario. She should speak with her attorney to get direction on this matter.

Bob & Richelle Ward, Realtors, ABR
Prudential Connecticut Realty http://www.connecticuthomesforsale.com
Cell - (203) 470-9818

Web Reference: http://LifeinNewtown.com
Thu May 7 2009, 12:31

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