Question:

Property Lien - will it affect my credit?

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A lien for back child support is going to be put on a piece of property of my mom's that I am acquiring through probate. The child support is from my brother - he can't afford to pay it, so I will, but I they just informed me yesterday that the lien will go into affect on Friday (tomorrow!). There is no way I can pay it in full by tomorrow, so my question is... will this affect my credit?

What if the lien goes on the property and then I pay it off in a few weeks or month, or so. Will that show up on my credit report?

My brother is signing over his interest in the property to me in exchange for his debt being cleared up, so the property will only be in my name.

We live in Oregon

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3 ANSWERS


  1. From what you are saying, the lien is against your brother, not you, As it is not you wjho are obligated to pay child support, a lien CAN NOT be placed against you, and more than they could garnish your wages. A lien can be placed against the property (which will not appear on your credit report - think about it - I would assume they don't even have your social security number). If your brother is on title on the property, the lien could prevent you from selling or refinancing the property, but it can not affect your credit.  


  2. A property lien stays on your credit

    report for seven years after it's

    paid.  It doesn't matter if paid

    in weeks or months.

    Once the lien is paid, it will

    state paid off lien on your

    credit report.  The negative

    effect on your credit report

    stays.

    You'll not be able to get

    some loans, etc.

  3. Because your brother is also an heir to your mother's estate, his liens can attach to this property. Judgments and liens filed in the land records can attach to after-acquired property (meaning after you get sued or they get a lien recorded, it will attach to property purchased after the judgment or lien recording date). This is your brother's debt, so it's not going against you. If you pay it, it will still go against your brother. But it goes against any property he acquires, including your mother's property. But once it's paid, you need to make sure a release is filed in the land records right along with the lien. Then you will have clear title to your mother's property.

    One thing I'm not sure on is your brother signing over interest. He can do that, but he needs to do it before they get the lien recorded. And you need your mother's estate probated now. Once that lien is recorded it goes on that property, if the interest wasn't signed away in time.  

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