This is lengthy (sorry) and both a real estate and a family law question...My husband and his brother own a 20-acre vacant land parcel jointly. His brother has a primary residence, adjacent, solely in his name, where he lives. We await a title abstract to tell us if an old child support lien is on both properties. If its only on one and a title search reveals the same brothers name, we risk getting it put on the 2nd...if the grant deed goes thru with no objection I assume we are home free....It all hinges on how thorough the recorder is when they put thru the grant deed, correct???? Anyway, the child support case is 10 years old and is apparently not an open case, just a closed case collecting interest.He is non custodial father and has no dealings with them (except to once try to get her to release the lien and was unsuccessful, probably b/c he didnt go about it the right way) ...his DL has been seized in recent years...we know from some old morgtage co dealings that there is a lien on at least one property, hoping its not on the vacant 20THe title abstract will hopefully answer this...but then we run the risk above with the crossreferencing ...aagghh! (does that really happen?) , His brother is willing to grant deed the property over to my husband if title is clear....MY BIGGEST QUESTION---can the lien be modified to only be placed on his primary residence (with assessed value equal or more than the lien)??
Also...I heard we can contact the child's mother , (child is in her 20's and emancipated or close to it) and ask her to release the lien since it was so long ago and..is it true the money would not go to her it would go to the state (or would it still go to her?) we could also make arrangements for a performance lien where in exchange for the lien amt agree to pay school tuition or a lump sum,..... or even *better*, give the mother a stake in the brothers present property which would also take the lien off the 20...we know the brother will not likely sell his primary residence first knowing the lien is on it, and he would rather the lien satisfaction come out of the 20...I assume any lien modification would be petition of the court, is this an expensive process with an attorney?...the lien has gone up to $100K in interest...ouch!.I assume it would make sense to settle and reduce the lien before we ever put the 20 up for sale vs selling the property first...Property is in Riverside County and Child Suppt case is Orange County We are dealing with a guy that has 0 income, has his head in the sand while his property value (and ours) gets eaten up with child support interest...suggestions (besides getting an attorney...we plan to do that but are in options-information- gathering phase!) THANK YOU
Also...I heard we can contact the child's mother , (child is in her 20's and emancipated or close to it) and ask her to release the lien since it was so long ago and..is it true the money would not go to her it would go to the state (or would it still go to her?) we could also make arrangements for a performance lien where in exchange for the lien amt agree to pay school tuition or a lump sum,..... or even *better*, give the mother a stake in the brothers present property which would also take the lien off the 20...we know the brother will not likely sell his primary residence first knowing the lien is on it, and he would rather the lien satisfaction come out of the 20...I assume any lien modification would be petition of the court, is this an expensive process with an attorney?...the lien has gone up to $100K in interest...ouch!.I assume it would make sense to settle and reduce the lien before we ever put the 20 up for sale vs selling the property first...Property is in Riverside County and Child Suppt case is Orange County We are dealing with a guy that has 0 income, has his head in the sand while his property value (and ours) gets eaten up with child support interest...suggestions (besides getting an attorney...we plan to do that but are in options-information- gathering phase!) THANK YOU
