How to remove a deficiency judgement?

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How to remove a deficiency judgement?

Approximately 10 years ago our home was foreclosed and sold at a sheriff’s sale. The deficiency amount was placed as a judgement lien through the clerk of court. My ex-husband passed away 6 months ago. I know that the lien has to be renewed within the 2-5 year limit. What does that mean exactly and if it was not “renewed” am I obligated to pay this deficiency? This is for OH law. How do I get this removed from the clerk of courts?

Asked on February 1, 2011 under Real Estate Law, Ohio

Answers:

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

Answered 10 years ago | Contributor

First, I am sorry for your loss. Generally speaking, a lien against a property is considered a "cloud" on the title.  removing the cloud on the title takes some form of written document such as a recorded satisfaction of the lien.  If the lien was not renewed the technically it is nolonger a "cloud" on the title but it is still listed, correct?  So you are going to have to obtain something - probably something from the court - that indicates that the judgement lien is no longer valid.  I would speak with a real estate attorney in your area on the matter to see what you can do.  Many people wait out liens until the lien holder forgets to renew them.  How the court will handle it, though, is always a crap shoot.  Good luck.


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