Lousy Father with liens quit claimed house to unknowing Mother

What is the name of your state?What is the name of your state? CA

My father has numerous judgment liens (filed in years 1987-1996) yet he quit claimed his interest in the house to my mother, who had no idea of these liens until someone came knocking on the door. The quit claim deed was recorded in 1993, parents divorced in 1996. It is my understanding that quit claiming property allows for the transfer of one persons interest in the property to another but also, if that person has liens or judgments, those are placed on the property as well. Do the liens pre-quit claim automatically attach to the house and the ones after the deed are solely his responsibility? I spoke to a title company who says nothing can transfer over to my mother but something smells fishy.....

Help!

[nextwife]

Any valid liens already of record that preceed a conveyance continue to attache to the RE. That is why nobody should ever accept any deed, including a QC, UNLESS an updated title search has been done. I know many attornies who insist on their clients spending the few extra bucks to get an update before they complete the QC process in any divorce settlement or partner buyouts.

[HomeGuru]

nexie is correct and I also follow the same procedure.

Thanks for your responses. Unfortunately, my mom was rather unaware of the legalese of the process, they didn't have a lawyer for their divorce and my Dad had her sign two divorce decrees (one giving her support, the other giving no support)...he filed the decree that gave no support with the court. Nice, eh? Now, Im wondering what the statute of limitations is for fraud!!

[HomeGuru]

Originally Posted by samnkelli

Thanks for your responses. Unfortunately, my mom was rather unaware of the legalese of the process, they didn't have a lawyer for their divorce and my Dad had her sign two divorce decrees (one giving her support, the other giving no support)...he filed the decree that gave no support with the court. Nice, eh? Now, Im wondering what the statute of limitations is for fraud!!

**A: and we are wondering why you are not advising Mom to hire a real estate attorney.

[nextwife]

Originally Posted by samnkelli

Thanks for your responses. Unfortunately, my mom was rather unaware of the legalese of the process, they didn't have a lawyer for their divorce and my Dad had her sign two divorce decrees (one giving her support, the other giving no support)...he filed the decree that gave no support with the court. Nice, eh? Now, Im wondering what the statute of limitations is for fraud!!

And I always wonder why people who don't know what they are doing legally think they will "save" money by eliminating their own legal counsel. IT costs them way more in losses when all is said and done. Would mom try to do her own surgery on herself to save money? Professionals are able to get paid for their services BECAUSE their services have a value. That is why people hire them.

LIke HG said, she needs an attorney. She needed one way back when and she still does. What we don't know CAN hurt us.

FYI- If mom has any minor children still at home, she CAN and should file to modify the agreement of no child support to get CS!

[HomeGuru]

I like what you wrote.

[nextwife]

Thank you, HG.

[HomeGuru]

Originally Posted by nextwife

Thank you, HG.

**A: you are welcome. And I might add, that you look lovely today.

[nextwife]

How kind. I dressed like this just to impress you.

[HomeGuru]

Originally Posted by nextwife

How kind. I dressed like this just to impress you.

**A: yes, less dress impress me much.

Thanks for using my post for senseless banter.