I have a quit claim deed it has not been recorded yet. Someone told me they put a lean on the property because the person who owned it owed them

Asked by Bobbie, 31558 Fri Mar 26, 2010

money. They supposibly put the lean on after it was quit claim to me. Can I have it removed

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Roxy Van Boc…, Agent, Kailua Kona, HI
Fri Mar 26, 2010
This isn't the sort of answer you want answered on a realtors site. This is a question you need to place to an attorney as this is a legal question and could cost you a great deal if you don't address it correctly. However a first step you can do on your own would be do a title search through the state or an escrow company to discover if there are any recorded liens on the property. This would save the attorney time which might save you money!
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Don Tepper, Agent, Burke, VA
Fri Mar 26, 2010
See a lawyer. I'm not a lawyer, so this isn't legal advice.

However . . .

If the quit claim hasn't been recorded, then the property hasn't been transferred. So, if you're saying that it was quit claimed to you, but in the interim someone else put a lien on the property, the situation is that the original owner still owns the property with a lien on it.

You can find out if there is, indeed, a lien on it by going to the courthouse and checking the records. Or a title or settlement company can easily determine that.

I'm sure there's some logic to getting a quit claim deed and then not recording it. I've heard of other people who've done that. But if you don't record it, then the property is still in the original owner's name. And he can sell it to someone else, borrow against it, or--as in this case--have a lien filed against it.

See a lawyer and try to get it straightened out.

Hope that helps.
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