How do I get a lien removed from my property?

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How do I get a lien removed from my property?

Due to an unpaid 2nd mortgage loan from 16 years ago. I have a lien against my property. The loan is past the statute of limitations for collection in my state, and the lien holder has said that they will not challenge a release of the lien because it is no longer on their books and they know of the statute of limitations. However the release must be court ordered and this is my dilemma. I consulted an attorney and was told, to save money, I could do it myself. I cannot find any forms or paperwork to assist me. Is there a draft letter I could copy to present to the courts?

Asked on October 2, 2011 under Real Estate Law, Florida

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

In order to have the lien released, you need to file a motion with the superior court in your state where the real property is located. The basis for the motion is to have the judgment that the recorded lien references deemed extinguished and invalid in that in most states a judgment is good for only so many years (usually ten [10]) and if the judgment has not been renewed, it is deemed invalid.

You need to ascertain the length of time a judgment is valid in your state and then base your notice of motion, motion and declaration upon when the judgment was issued and the fact it has not been renewed it is now invalid and as a result, the lien recorded on your property needs to be removed.

The process is somewhat complicated. I suggest that you consult with an attorney experienced with judgments to assist you.

Good luck.


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