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

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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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.


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