QUESTION
What can I do to remove lien and does a lien expire?
Asked on Nov 12th, 2012 on Divorce - Maryland
More details to this question:
My ex-husband placed a lien on the home (titled to me) during divorce in 2001 but refused to remove it. Home was awarded to me. I was able to refinance this same home a couple of years later. The title company asked about the lien and I explained that initially home was in my name and social security number all along.
8 ANSWERS
Steven D. Dunnings
What is the basis for the lien?
Answered on Jun 21st, 2013 at 1:29 AM
Dispute Resolution Attorney serving Seattle, WA
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Law Offices of Helene Ellenbogen P.S.
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A lien does not expire. It is removed when you have paid whatever is owed to the holder of the lien. I assume that you owe money to your ex from the divorce and that that is the basis of the lien. When you have paid it, he will have to remove the lien. One can only place a lien on someone's property if there is a debt or judgment. It can't just be done out of bad will or anger. If there is no money owed, you can make a motion to the court to ask for an order to remove the lien. However, you will have to show evidence that the debt which was the basis for the lien is paid off.
Answered on Nov 15th, 2012 at 4:28 AM
You can make a motion in court to expunge the lien. You should consult a real estate attorney for assistance.
Answered on Nov 15th, 2012 at 3:22 AM
Family Law Attorney serving West Bloomfield, MI
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Law Offices of Eugene Lumberg and Eric S. Lumberg
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The Judgement should be used to remove the lien. if not, you can get a court order if he will not remove it voluntarily.
Answered on Nov 14th, 2012 at 3:24 PM
Divorce/Family Law Attorney serving Carlsbad, CA
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Anne B. Howard, A Professional Law Corporation
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You probably need to go to court to get the lien removed. Ask for attorney fees. If house was awarded to you, he shouldn't have a lien unless there's something else in your paperwork. You probably want to see an attorney.
Answered on Nov 14th, 2012 at 3:20 PM
My suggestion is that you consult a Real Estate Attorney as quickly as possible. Good luck.
Answered on Nov 14th, 2012 at 2:46 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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You need to speak about this with an attorney. The lien is probably invalid, but you have to get an attorney to do something about it.
Answered on Nov 14th, 2012 at 2:43 PM
Family Law Attorney serving Eldersburg, MD
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Law Office of Leo J. Keenan III, P.A.
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If the lien is based on a judgment, the judgment expires after 12 years unless renewed. You would likely have to file a Motion to have the judgment/lien stricken.
Answered on Nov 14th, 2012 at 2:41 PM