Husband wants to quit claim

What is the name of your state? California

My husband currently is in dispute with Child Support regarding a claim from his ex-wife. We were planning to refinance our house but the loan officer indicated that there was a lien put on our house because of this Child Support Case. We were never notified and we never received documents about this lien. My husband wants to do a quit claim deed and give me 100% deed on our house. Is this possible ? How does it affect the lien ? Any advise would be greatly appreciated. Thanks.

[I AM ALWAYS LIABLE]

Originally Posted by JCS0110

What is the name of your state? California

My husband currently is in dispute with Child Support regarding a claim from his ex-wife. We were planning to refinance our house but the loan officer indicated that there was a lien put on our house because of this Child Support Case. We were never notified and we never received documents about this lien. My husband wants to do a quit claim deed and give me 100% deed on our house. Is this possible ? How does it affect the lien ? Any advise would be greatly appreciated. Thanks.

My response:

Signing and recording a Quit Claim Deed would be futile. The lien pre-dates any Quit Claim, and besides the Quit Claim Deed would be set aside by the County on the grounds of fraudulent transfer. Property transfers between spouses are subject to the Uniform Fraudulent Transfer Act (UFTA, Ca Civil § 3439 et seq.), which gives a creditor the right to avoid (set aside) a property transfer made in fraud of the creditor (as defined by the Act). See Mejia v. Reed (2003) 31 Cal.4th 657, 668-669, 3 Cal.Rptr.3d 390, 398-399.

So, there's no escape. Nice try, though.

IAAL

[Souix]

Originally Posted by JCS0110

What is the name of your state? California

My husband currently is in dispute with Child Support regarding a claim from his ex-wife. We were planning to refinance our house but the loan officer indicated that there was a lien put on our house because of this Child Support Case. We were never notified and we never received documents about this lien. My husband wants to do a quit claim deed and give me 100% deed on our house. Is this possible ? How does it affect the lien ? Any advise would be greatly appreciated. Thanks.

***You can run but you can't hide. Your husband will still owe and the lender will require the lien be paid in full before a new loan can be placed on the property. Why not just refinance and pay it off, or at least up to date?***

Thanks for the advice.