How doI get a real property lien removed so thatI can sell it?

UPDATED: Mar 7, 2011

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How doI get a real property lien removed so thatI can sell it?

I have a judgement/lien that is attaching to my property. I am in the process of selling my property in a short sale. How do I get the lien removed. Also, what is the statue of limitation regarding a judgement/lien for an automobile loan?

Asked on March 7, 2011 under Real Estate Law, Delaware


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

1) The only way to get rid of a lien--unless it's attached in error (see below)--is to satisfy it; you have to pay the lien holder the amount of the lien, and it doesn't matter whether the property is above water or under economically--you still have to pay the full lien.

2) If the lien was placed in error and you can prove that (you don't owe that much; you've already paid; someone else owes the money; etc.) you should be able to get it removed--including by a court action (see a lawyer) if necessary.

3) Once a lien is on property, it remains until satisfied; at that point, there is no SOL on it.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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