Lien against property without permission from other title holders

[Chipper214]

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

Our family owns a large portion of land. There are four family members that have their names on the property title. It was recently discovered that one member put a $35,000 lien against the property without permission of the other family members. It was only discovered when the family tried to gift 5.5 acres and the property attorney ran a title search. The State of Wisconsin was approached by our property attorney in hopes that they would release the 5.5 acres from the lien as there is enough property left to cover it but they refused. Wondering if there is any recourse we can take against family member that put the lien against property.

 

[Zigner]

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

Our family owns a large portion of land. There are four family members that have their names on the property title. It was recently discovered that one member put a $35,000 lien against the property without permission of the other family members. It was only discovered when the family tried to gift 5.5 acres and the property attorney ran a title search. The State of Wisconsin was approached by our property attorney in hopes that they would release the 5.5 acres from the lien as there is enough property left to cover it but they refused. Wondering if there is any recourse we can take against family member that put the lien against property.

As I said on your other post, your matter is too complex for an internet forum. See the assistance of a local real estate law attorney. Best of luck to you.


(Please close or delete one or the other of your threads...there is no need to have two threads for the same matter.)

 

[John Se]

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

Our family owns a large portion of land. There are four family members that have their names on the property title. It was recently discovered that one member put a $35,000 lien against the property without permission of the other family members. It was only discovered when the family tried to gift 5.5 acres and the property attorney ran a title search. The State of Wisconsin was approached by our property attorney in hopes that they would release the 5.5 acres from the lien as there is enough property left to cover it but they refused. Wondering if there is any recourse we can take against family member that put the lien against property.

By lien do you mean that they borrowed 35,000 against the property?. It really depends how you all hold title, Tenants in common, Joint tenancy or other form like a trust.

 

[LdiJ]

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

Our family owns a large portion of land. There are four family members that have their names on the property title. It was recently discovered that one member put a $35,000 lien against the property without permission of the other family members. It was only discovered when the family tried to gift 5.5 acres and the property attorney ran a title search. The State of Wisconsin was approached by our property attorney in hopes that they would release the 5.5 acres from the lien as there is enough property left to cover it but they refused. Wondering if there is any recourse we can take against family member that put the lien against property.

Are you sure that its not a tax, child support or student loan lien? None of those would have been voluntarily put on the property by the family member...it would have been done automatically by the government agency involved.

 

[latigo]

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

Our family owns a large portion of land. There are four family members that have their names on the property title. It was recently discovered that one member put a $35,000 lien against the property without permission of the other family members. It was only discovered when the family tried to gift 5.5 acres and the property attorney ran a title search. The State of Wisconsin was approached by our property attorney in hopes that they would release the 5.5 acres from the lien as there is enough property left to cover it but they refused. Wondering if there is any recourse we can take against family member that put the lien against property.

You have no "recourse against the family member". Not in the legal sense or in retribution. Not unless in doing so it was in breach of a TCA. And then only if the lien was voluntary.

But with the state involved as the benefactor more likely it was not voluntarily imposed. Furthermore, it is possible that the source of the lien predates the individual's acquisition of partial ownership.

Where blame should be focused is on the idiot or idiots responsible for creating multiple, undivided ownership in land. Because this is just one of the lesser legal headaches that result More and greater will follow. Guaranteed!