if a homeowner has a lien on their home and they sell it does that lien transfer to the new owner?

Twobot
Home Buyer
Brockton, MA

Answers (7)
Jason Hargrove
Agent
02184

The lien should have been taken care of by the closing date. If you still have any questions or concerns please feel free to contact me. Thanks

Fri Sep 11 2009, 03:54
Lori Lincoln
Agent
Taunton, MA

Be sure you have a good attorney working on your behalf. In most cases, liens will be paid by the seller at or prior to closing, but not always. I' recently had a situation where a municipal water bill was left as a lien on a property. Just keep your eyes open.

Mon Jul 13 2009, 05:08
Pauld
Mortgage Broker
or Lender

Massachusetts

All liens must be cleared by the closing, if the attorney does his job properly. If for some reason that the liens weren't cleared, then the new owner will be responsible for them.

Wed Jul 1 2009, 07:56
Richard F. Power
Agent
Marshfield, MA

Liens, as noted in the previous answers must be handled prior to closing and may be handled by the closing attorney as part of the sellers settlement. Betterments, which are assessed by the local community for such things as the installation of public services, i.e. sewerage that connect to the home, may be transferred to the new owner but that needs to be disclosed to and agreed to by the buyer.

Good Luck!

Wed Jul 1 2009, 02:36
CHARLOTTEE MENC...
Agent
San Antonio, TX

not supposed to. the title company will check for all liens, the lien should be paid off at closing. read your title policy that you get from title company.

Tue Jun 30 2009, 21:45
Emily S. Knell
Agent
90720

If the lien is attached to the home, instead of YOU personally, then it must be paid off before closing escrow.

HOWEVER, if you are doing a Short Sale, and you have liens for Property Taxes or back HOA dues, the 1st lienholder will almost always pay those types of liens for you in order to close escrow. They may even pay other types of liens, if the bottom line NET to them, makes sense.

If this is a PERSONAL lien against you, the lien will follow you even after closing escrow, UNLESS you were to file & include this lien in your Bankruptcy.

*I am not a bankruptcy attorney

Tue Jun 30 2009, 21:39
Andy Sapra
Agent
Manassas, VA
FIRST ANSWER

if the lien attaches to the house then it will need to be paid at closing otherwise it will stay as a cloud on title for the new owner as well.

Tue Jun 30 2009, 21:31

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