How to take a lien off of your home without a lawyer?

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How to take a lien off of your home without a lawyer?

My sister just found out that she as a lien on her by way of her stepson. The lien is from the County they we live in. My sister’s ex husband and her stepson has the exact same name – on the paperwork she has, her stepson is listed with his social security number and address. She notified the County, but they told her to call legal aide. She called, but no one returned her call. Is there something she can do without going to a lawyer?

Asked on October 22, 2010 under Real Estate Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

A lien form the County but for what and from what county agency?  And why would it be on your property?  Is your ex's name on the property too?  To remove a lien you have to go to the agency that placed the lien and ask for a release or satisfaction (if it is as a result of a judgement).  What you will need is proof that the person for whom the lien is intended - your stepson - is not the person that's name is on the property.  It may be an affidavit stating that it is not the same person.  It may need supporting proof with it like something of your ex's that shows his social security number being different from your step son's.  Ask them.  Then gather the documentation and put together an affidavit, which is really just a sworn statement signed by a notary.  You may need some help from an attorney but if you do all the legwork yourself very little.  Good luck.  


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