Lein on my property

[NCBrew]

What is the name of your state (only U.S. law)? NC


How can I dispute a lien filed on a piece of property I own.

When I purchased the property the former owner owed an assesment fee of $288 ($36 per year), He and another previous owner lived on the property and the fee was not collected for 8 years.

I filed the deed myself (I am not a lawyer) and the courthouse does not check for property assesments. The assesments are to be used for recreation only. I contend the fee was owed by the previous 2 owners and does not go along with the property.

The association also billed the last owner that now lives in another state but he will not pay it. The lein also states the bill was owed by the previous owner.

What is my recourse to get the lein removed? I cannot hire a lawyer. Can I go to a small claims court and asked for the lien to be removed since I do not believe the assesment is owed by me since I did not live there during the time the assesment accured.

Patrick

[dmiller12]

I contend the fee was owed by the previous 2 owners and does not go along with the property.

Your contention is incorrect. The lien goes with the property unless it's satisfied at the time of sale. What does the purchase contract say about assessments?

I filed the deed myself (I am not a lawyer) and the courthouse does not check for property assesments.

You should have had a title search including an assessment search and purchased title insurance at the time of purchase. Because you did not do this, the lien is yours.

[HomeGuru]

Originally Posted by NCBrew

What is the name of your state (only U.S. law)? NC


How can I dispute a lien filed on a piece of property I own.

When I purchased the property the former owner owed an assesment fee of $288 ($36 per year), He and another previous owner lived on the property and the fee was not collected for 8 years.

I filed the deed myself (I am not a lawyer) and the courthouse does not check for property assesments. The assesments are to be used for recreation only. I contend the fee was owed by the previous 2 owners and does not go along with the property.

The association also billed the last owner that now lives in another state but he will not pay it. The lein also states the bill was owed by the previous owner.

What is my recourse to get the lein removed? I cannot hire a lawyer. Can I go to a small claims court and asked for the lien to be removed since I do not believe the assesment is owed by me since I did not live there during the time the assesment accured.

Patrick

**A: pay the amouint due to have the lien removed.

[Texas Pooh]

Pay the lien.

See if your contract with the seller says anything about providing "free and clear title" or makes any representations about no liens.

If it does, sue the seller.

If it doesn't, you're out of luck.

[NCBrew]

In response:
There was no lein when I bought the property. The lot was valued at $500.00. The deed is a NC general Warrenty Deed and states the property is "free and clear of all incumbrances". This was signed and notarized by the seller.

I paid the county taxes when I bought the property.
Since there was no lein on the property when I bought the property I contend the "Receation assessments" were owed by the previous owner and they do not "roll over" with the new owner. It would be like me paying his past due electric bill.

NCBrew

[NCBrew]

Originally Posted by dmiller12

Your contention is incorrect. The lien goes with the property unless it's satisfied at the time of sale. What does the purchase contract say about assessments?



You should have had a title search including an assessment search and purchased title insurance at the time of purchase. Because you did not do this, the lien is yours.

In response:
There was no lein when I bought the property. The Property Owners association put the lein on the property "AFTER" I bought it, since they were unable to get the previous owner(of 5 years) to pay it.

The lot was valued at $500.00. The deed is a NC general Warrenty Deed and states the property is "free and clear of all incumbrances". This was signed and notarized by the seller.

I paid the county taxes when I bought the property.
Since there was no lein on the property when I bought the property I contend the "Receation assessments" were owed by the previous owner and they do not "roll over" with the new owner. It would be like me paying his past due electric bill.

NCBrew

[HomeGuru]

Originally Posted by NCBrew

In response:
There was no lein when I bought the property. The Property Owners association put the lein on the property "AFTER" I bought it, since they were unable to get the previous owner(of 5 years) to pay it.

The lot was valued at $500.00. The deed is a NC general Warrenty Deed and states the property is "free and clear of all incumbrances". This was signed and notarized by the seller.

I paid the county taxes when I bought the property.
Since there was no lein on the property when I bought the property I contend the "Receation assessments" were owed by the previous owner and they do not "roll over" with the new owner. It would be like me paying his past due electric bill.

NCBrew

**A: my response remains the same. You could go after the Seller.

[nextwife]

Clearly your closing agent failed to obtain the usual Condo Association fee/assessment/legal action status letter that one gets as part of the preperation-to-close process. Have you contacted them?

[HomeGuru]

Originally Posted by nextwife

Clearly your closing agent failed to obtain the usual Condo Association fee/assessment/legal action status letter that one gets as part of the preperation-to-close process. Have you contacted them?

**A: it appears that there was no closing agent and the OP filed the deed himself.

[hormonal]

I don't understand $288, what's all the fuss? This is way too little an amount to get all stressed about....pay it and get it over with, clear the title, and go on with your life. It takes way to much time and effort to go through court and attempt to get that tiny little bit of money out of somebody who doesn't want to pay you to begin with. You got a good deal on the land, just count it off as part of a lesson learned. Next time do a title search and make certain you have a free and clear title.

[HomeGuru]

Originally Posted by hormonal

I don't understand $288, what's all the fuss? This is way too little an amount to get all stressed about....pay it and get it over with, clear the title, and go on with your life. It takes way to much time and effort to go through court and attempt to get that tiny little bit of money out of somebody who doesn't want to pay you to begin with. You got a good deal on the land, just count it off as part of a lesson learned. Next time do a title search and make certain you have a free and clear title.

**A: the time is now to do a title search.