Bro and sis own a Condo (joint tenancy); sis dies but leaves a judgment lien on condo in her name does lien die also? 9 Answers as of April 02, 2013

My sister and I have joint tenancy in a condominium. It’s paid off. She has just passed away and then I get a letter from county recorder’s office of an Abstract Judgment Lien on the same condominium. I knew nothing about the $49,000.00 lien and it is over 10 years old. My question is. Does the lien expire and or die with her? And if so what is the proper procedure to remove the judgment lien?

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Gonzalez & Tybor PA | David Tybor
It depends on whether you owned the condo as joint tenants with rights of survivor ship or joint tenants in common. It also depends what the lien was for. If it is a mechanic's lien for work on the property, then it stays with the property. It would be best to consult with an attorney to research the title and suggest the best course of action.
Answer Applies to: Florida
Replied: 4/2/2013
Law Office of Jeffrey Solomon
Law Office of Jeffrey Solomon | Jeffrey Solomon
You need to see the deed and determine what type of joint tenancy. Do you have a right of survivorship or is the property held as tenants in common? If the former, you should be fine; if the latter, an estate has to be opened for your sister and the judgment lien would still attach.
Answer Applies to: Florida
Replied: 4/2/2013
Janke Legal Consulting | Bruce C. Janke
The lien is against your sister's share of the ownership. When that passed to you, the lien came with it. Unless there is a basis for attacking the validity of the judgment, the only way to get rid of the lien is to negotiate a payoff.
Answer Applies to: California
Replied: 4/2/2013
Stacy Joel Safion, Esq.
Stacy Joel Safion, Esq. | Stacy Joel Safion
The lien does not end when your sister dies. You need to pay it or have it paid out of escrow when you sell the property.
Answer Applies to: California
Replied: 4/2/2013
Stephens Gourley & Bywater | David A. Stephens
The judgment lien does not die with her. However, there is a limitation of actions on judgments. In Nevada it is six years, unless it is renewed.
Answer Applies to: Nevada
Replied: 4/2/2013
    The Law Office of Darren Aronow, PC
    The Law Office of Darren Aronow, PC | Darren Aronow
    Lien stays as it attaches to property and you would have to remove in bankruptcy or by settling the debt with the creditor.
    Answer Applies to: New York
    Replied: 4/2/2013
    Connaghan Newberry Law Firm
    Connaghan Newberry Law Firm | Tara D. Newberry
    Liens can be complicated, and most survive a persons death. whether a lien is valid depends on a variety of factors and having one removed from title may require litigation, but certainly will require attorney assistance. You need to contact an attorney with real estate experience to help you with this issue.
    Answer Applies to: Nevada
    Replied: 4/2/2013
    Michelotti & Associates, Ltd. | Joseph Michelotti
    If its tenancy in common, the lien stays on, if its joint tenancy with rights of survivorship, then the lien is extinguished.
    Answer Applies to: Illinois
    Replied: 4/2/2013
    Law Office of D.L. Drain, P.A.
    Law Office of D.L. Drain, P.A. | Diane L. Drain
    The answer depends on the law of the state where you live.
    Answer Applies to: Arizona
    Replied: 4/2/2013
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