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  • New lien on a transfered property... Alabama

    We have a property that has just had a lien placed on it from someone who supplied the old owner a service. The property was transfered to new owners before the lien was placed. Is the new owner responsible for the debt of the old owner?

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    Ask the lien holder for a copy of the contract

    Originally posted by mameye View Post
    We have a property that has just had a lien placed on it from someone who supplied the old owner a service. The property was transfered to new owners before the lien was placed. Is the new owner responsible for the debt of the old owner?
    Was the property sold to you with a restrictive covenant, "subject to the buyer assuming all debts where the alleged property was used as collateral and/or services performed" in the sales contract and/or deed?

    Was the lien a judgment placed by a court with proper jurisdiction?

    You have the right to ask the lien holder for a copy of the contract giving him the authority to pursue a lien in the first place.

    According to Alabama Property Rights & Remedies by Jesse P. Evans III on page 602 through page 603 of the second edition states the following:
    A lien, once attached by the contribution of labor and materials by the claimant, is not lost if the property is transferred by its owner, provided the lienor takes the steps required under the statutes to perfect his or her lien. In such instances it is immaterial that the action to perfect and enforce the lien is not bought until after the conveyance, or that the verified statement was not of record in the probate office, as long as both are timely filed.

    You should consult a competent attorney regarding this matter.
    Last edited by DrumMajorChange; 08-12-2009, 08:39 PM.
    I am not an attorney. My personal opinions are not legal advice.

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