Should the escrow company be concerned about quit claimed deeds?
• Yes! California law provides that when an obligor (someone who owes child support) quitclaims his interest in the property to another party, he/she transfers their entire interest including all the defects and equities, which could then have been asserted against him. This means that when the obligor quitclaimed the property interest the person who took title obtained, took it with the recorded child support lien intact. • How can I prevent child support from holding up the escrow process? • The sooner we receive the demand request, the sooner we will be able to get the request for payment, if required, back to you. Typically the lien search is done by the title company on the property at the beginning of the escrow and one of the last things completed is a name search on the people involve in the transaction. Because the abstracts and support liens do not attach to particular pieces of property but rather are attached to people, they are typically discovered at this later stage of t
