is there a legal way, other than payment, to get out of a property lien?
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is there a legal way, other than payment, to get out of a property lien?
loan company no longer based in US. Also lender closed loan with my self and domestic partner as married couple.
Asked on July 31, 2018 under Real Estate Law, North Carolina
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If the lien was mistakenly placed on the property, or the underlying debt was is invalid/has been paid in full, then it can be removed. Also, most judgement liens have to be renewed. In NC, such a lien will remain attached to the debtor's property (even if the property changes hands) for 10 years. If it is not so renewed, the lien can then be removed.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
If you can show the lien was based on a mistake (e.g. directed at the wrong property) or that the underlying debt had previously been paid in full, you could have it voided by the courts. Or if you can show that the underlying debt is invalid (e.g. based on fraud), you could escape the lien on that basis. Otherwise, however, you will have to pay the lien to remove it.
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