Two persons names are on a deed as joint, then one person obtains a loan, as single, using the deed. Two years later, quit claims the proper...

Question

Two persons names are on a deed as joint, then one person obtains a loan, as single, using the deed. Two years later, quit claims the property to the other person. The other person then finds out there is a lien on the property, but not in their name. How can I clear this up?

Answer

Based upon the facts you described, the simplest way to clear title weighs be TU pay it she the loan. Until then, there remains a Leon on half the property. It, rather on a half interest in the property. The quit claim deed transferred only what the borrower had, a joint interest, subject to a lein. The lender was foolish accept a half interest as collateral. If the borrower files fir bankruptcy, the lein might be extinguished. As long as the lein wasn't recorded before the deed, , the person now holding the quit claim, might be able to file a suit to quiet the title.

Unless there ar other facts, the lien will probably remain. You should consult directly with a civil practice attorney in your area, to examine the relevant documents, and advise you as to your options.

Good luck

Good luck