How do I get liens removed from my property so that I can sell it?

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How do I get liens removed from my property so that I can sell it?

I am trying to sell property that was signed over to me in 2004. There is are 2 judgment liens against me from 09/01 and 02/02 for the exact same amount (so I believe they just filed it twice) for something that I didn’t even know about. Can they put this against the property since I did not own it in 2001 or 2002? Is it legal, and if not, how do I get them to take it off?

Asked on May 5, 2011 under Bankruptcy Law, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

1) It does not matter that you did not own the property in 2001 or 2002; the issue is that you own it now. Once you own property, if there is a judgment against you, the judgment debtor may look to put a lien on that property.

2) Assuming that a) you owe the debt (i.e. it's valid) and b) the judgment against you was obtained properly, and the lien filed properly, then the only way to get rid of the lien or liens is to satisfy it or them--i.e., you have to pay them off. You can and should consult with an attorney, who can evaluate the situation in detail and see if there are any grounds to attack the liens on a precedural basis, but be prepared that there might not be--you may have to pay them. Good luck.


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