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 13 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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