How to Have a Property Lien Removed

Liens that establish a security interest against your property can be filed either against you as an individual, such as a federal tax lien, or against the property specifically, such as an unpaid mechanic's lien. A judgment or lien can interfere with any attempt to refinance and can reduce your profits at the time of sale because payment will be made from any equity you receive. Removing a property lien will not remove it from the public records, but once you have paid the monies owed in connection with the lien, a release or satisfaction will be filed in the public records to show that the lien was satisfied.

Instructions

1. Search the public records of your local county courthouse to find any liens that have been filed against you or your property. Review them closely to make sure they are valid liens. For example, if you find a mechanic's lien, make sure that the work was done. The lien may be invalid if the work was left undone or if the charges were not what you agreed to in the original contract. Contact an attorney if you discover that a lien is not valid.

2. Search online for "statute of limitations on liens" to find out what time limit, if any, exists for your particular lien. If the lien was filed in connection with unpaid taxes, either federal or state, there is no statute of limitations; you must pay your taxes before the lien is released.

3. Pay the debt that resulted in the lien against your property. This is the best and surest way to remove the lien against your property. Document all communication between you and the lienholder. Once you've paid the debt, make sure you have proof of the payment in case a release is not filed in the public records. If the debt is not yours, or if the lien is invalid and the lienholder fails to remove it, contact an attorney and ask her to petition the court to have your property released from the lien.

4. Confirm that the lienholder will file the satisfaction, and then give him a reasonable amount of time to comply. After time has passed, verify that the release or satisfaction of lien has been filed in the public records. If it has not, have your attorney petition the court to have a satisfaction of lien filed in the public records.

References

• Legal Match; Removing a Lien From Property; Ken LaMance, Atty. at Law; 2011
• California Dept. of Consumer Affairs: What To Do If a Mechanic's Lien Has Been Filed Against You
• The Money Alert: What Is a Lien?

Resources

• Fair Debt Collection: Statutes of Limitations by State