Saturday, July 14, 2012

wrongful property lien in arkansas?

Question by Claudia A: wrongful property lien in arkansas? I got a divorce in Arkansas in 1994, my ex was supposed to sign a quit claim deed to the home. I recently paid the house off a couple years ago, I had to move to NC and was renting it with an option to buy. The renter moved out and I am trying to sell the property. When I talked to the title insurance company, they informed me that there were two liens on the property. One was a tax lien on my ex-husband filed in 2003 and another from a car accident he had in 2004. Now I find that he never signed a quit-claim. I hired an attorney to clear the home and we got paperwork from the IRS stating that due to a statute in Arkansas law, they have no interest in the property since in my divorce, I got sole ownership of the home. However, the lien that stemmed from the accident, they won't clear, stating that I not only owe them for the lien amount, but $ 4k in interest. How would I go about getting this lien released since I was not a party to the original lien and wouldn't the same statute the IRS quoted, be applied to this case? Shouldn't my ex should be held liable and held in contempt for not executing the quit-claim as was ordered by the judge. I'd really like to have someone weigh in on this. This is a complete and utter mess. Best answer:

Answer by Mr Placid
If you hired an attorney, then why are you posting this question on Yahoo? Isn't this something you should be asking your attorney? I can weigh in on at least one thing: YOU are responsible for ensuring you get a quitclaim deed. A deed must be literally given to you. If you did not have a deed in your hand in 1994, then you should have dealt with it in 1995, not 2012. What is the statute that the IRS cited? "A statute in Arkansas law" is quite vague. How about being more specific, such as Arkansas Code, title 5, chapter 8, section 202, or whatever. One thing you could do is pay the lien yourself, and sue your ex. But my guess is that if the victim of the auto accident had to resort to placing a lien, then it means your ex had no money to pay the victim, and probably still has no money now.

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