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Child Support Release of Lien, but not Satisfaction of AJ.

Posted by Rick, the Probate Guy on January 05, 2010 at 7:43 PM

In Reply to: Child Support Release of Lien, but not Satisfaction of J. posted by Mark H. on January 05, 2010 at 9:35 AM

My best guess is that the release was required as a condition before trustor got the loan. There's a good chance that the debt has yet to be satisfied but that shouldn't be a problem if you're buying at t-sale.

If this is an equity purchase deal from the owner, I'd get title insurance so that there's no claim of the lien somehow re-attaching. Alimony and child support liens normally don't expire.

I once had a deal (convoluted as most all of mine are) whereby the husband and wife divorced many years prior, when Daughter was an infant.

Judge granted a large child support lien (the lien was large; I don't know about the baby's size) which remained until which time I negotiated to purchase the property.

However, Wife had died and Ex-husband was our only cooperating principal.

Title company read the first page of the court order so they knew the age of the infant at time of divorce.

We were some twenty years later and merely filed an affadavit of death of joint tenant for the wife which consolidated the interests to the ex-husband, our seller. Lien went away with the ADJT.

Really happy title didn't read the 2nd page of the order, which broke the joint tenancy:)


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