Home Q&A Forum Can a release of lien be obtained if the original lienholder cannot be located?

Real Estate

Release of Lien

Massachusetts

Asked on Sep 24, 2024

Can a release of lien be obtained if the original lienholder cannot be located?

I recently purchased a property and discovered that there is a lien against it from a previous owner's unpaid contractor. However, I have been unable to locate the original lienholder to request a release of lien. I need to know if it is possible to obtain a release of lien in this situation, and if so, what steps I should take to ensure the lien is cleared from the property's title.

Answers from 1 Lawyer

Answer

Real Estate

Massachusetts

Answered 599 days ago

Thomas D.

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September 20, 2024

You have several alternatives. Did your original title policy insure against liens? If so, I can work with the title company to have the lien removed. Second, if the lien is old, it may have already expired and can be removed as a matter of law. Third, there are procedures in every state to remove a lien if the lienholder cannot be located. Finally, we may be able to have the title insurance company insure over the lien. Tom

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