What is the name of your state (only U.S. law)? Texas
I am not sure if this is a tax question or a real estate question, but I will give the basic information and those of you that can offer advice can ask the necessary questions.
In 2007, my husband and I co purchased a house with my mom to move her from the Houston area to where were we live in the San Antonio area because she suffered stroke and needed to be closer to us. She was able to live on her own but because her income was not enough to cover all of her expenses, we supplemented what ever she needed above her small social security payments.
In approx. 2009 or so, my brother moved in with her, and as we found out after a while, he lost his job, and we supplemented him as well for a short time. He was a self employed in the electrical business for custom homes, and the market here tanked. He also got engaged around 2011, 2012.
My mom passed away in 2012 with no will, but also no estate. Only the house we co owned and 16K in the bank. Her funeral cost a little over 10K and we used the remainder to pay her debts and house payments. We were told we did not need to probate her estate at that time.
In 2013, we re financed the house and moved the title in to my husbands and my name solely. No issues came up at that time. We filed an affidavit of heirship and my brother also signed a general warranty deed for his interest in the house over to us. The house is worth less and 100K. Again, re financed with no issues. Lien was filed in 2010.
FF to today, my brother has been incarcerated on felony DWI charges, we have the house on the market and have an offer. The title company called late Friday afternoon and told us that we need a release of lien!! We had no idea. Apparently there is a lien for my brothers unpaid taxes in the amount of 103,000. For those of you that want to point out what a screw up my brother is, believe me, we know! We are no longer helping him in any way, and have cut them out of our lives. But, we are unsure what we need to do at this point.
Can we get the lien released since my brother never owned the home and was never listed on the title? Or do we need to hire an attorney at this point?
He and his fiance have filed "common law" marriage paperwork with the TDCJ so is she able to work this out on his behalf? She tells me he is not able to sign any paperwork, but I find that hard to believe. I am also curious how responsible she is for working out this situation since they are "married". If he is incarcerated is she able to act on his behalf to work this out?
I know this is long and rambling, and I will clarify any questions. I just want to know where to turn. We will not make more than a couple of thousand on the sale of this house, which is way more than we have put into it over that last few years, so we are not looking to make a buck. but if we cant get the lien released, we will probably have to pay alot to get out from under it. I am also worried that there may be a lien on my primary residence.
I have already tried to call the tax office and was on hold for over an hour until the offices closed and they cut me off. I will call again on Monday, but am looking for any insight.
Thank you in advance.
Deeter
I am not sure if this is a tax question or a real estate question, but I will give the basic information and those of you that can offer advice can ask the necessary questions.
In 2007, my husband and I co purchased a house with my mom to move her from the Houston area to where were we live in the San Antonio area because she suffered stroke and needed to be closer to us. She was able to live on her own but because her income was not enough to cover all of her expenses, we supplemented what ever she needed above her small social security payments.
In approx. 2009 or so, my brother moved in with her, and as we found out after a while, he lost his job, and we supplemented him as well for a short time. He was a self employed in the electrical business for custom homes, and the market here tanked. He also got engaged around 2011, 2012.
My mom passed away in 2012 with no will, but also no estate. Only the house we co owned and 16K in the bank. Her funeral cost a little over 10K and we used the remainder to pay her debts and house payments. We were told we did not need to probate her estate at that time.
In 2013, we re financed the house and moved the title in to my husbands and my name solely. No issues came up at that time. We filed an affidavit of heirship and my brother also signed a general warranty deed for his interest in the house over to us. The house is worth less and 100K. Again, re financed with no issues. Lien was filed in 2010.
FF to today, my brother has been incarcerated on felony DWI charges, we have the house on the market and have an offer. The title company called late Friday afternoon and told us that we need a release of lien!! We had no idea. Apparently there is a lien for my brothers unpaid taxes in the amount of 103,000. For those of you that want to point out what a screw up my brother is, believe me, we know! We are no longer helping him in any way, and have cut them out of our lives. But, we are unsure what we need to do at this point.
Can we get the lien released since my brother never owned the home and was never listed on the title? Or do we need to hire an attorney at this point?
He and his fiance have filed "common law" marriage paperwork with the TDCJ so is she able to work this out on his behalf? She tells me he is not able to sign any paperwork, but I find that hard to believe. I am also curious how responsible she is for working out this situation since they are "married". If he is incarcerated is she able to act on his behalf to work this out?
I know this is long and rambling, and I will clarify any questions. I just want to know where to turn. We will not make more than a couple of thousand on the sale of this house, which is way more than we have put into it over that last few years, so we are not looking to make a buck. but if we cant get the lien released, we will probably have to pay alot to get out from under it. I am also worried that there may be a lien on my primary residence.
I have already tried to call the tax office and was on hold for over an hour until the offices closed and they cut me off. I will call again on Monday, but am looking for any insight.
Thank you in advance.
Deeter