What is the statue of limitations regarding a judgement/lien that is attached to real property?

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What is the statue of limitations regarding a judgement/lien that is attached to real property?

What is the statue of limitations regarding a judgement/lien that was placed/attached to my property. How do I get it released. I am in the process of selling my property through a short sale but my lender said I need to get lien released prior to closing.

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

Answers:

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

Answered 10 years ago | Contributor

Ten to one if the lien is still listed on your property then it is still good.  Every state law varies as to how long a judgement lien is good for and what you need to do to renew a lien.  A title company in your area would know best.  What you need is known as a satisfaction of the lien and you generally get one of those when you pay it off.  If this is a short sale then the lien is subordinate (below) the mortgage and may survive the sale anyway.  Check with an attorney in your area on what you will need to do  Maybe they will release the lien and write off the debt given the circumstances.  Good luck. 


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