Real Estate
Release of Lien
Massachusetts
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
Thomas D.
ContractsCounsel verified
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
People Also Asked
Real Estate
Release of Lien
Florida
Can a release of lien be obtained without paying off the underlying debt?
I purchased a property that had an existing lien on it, and the seller promised to obtain a release of lien before the closing, but now they are refusing to do so unless I pay off the remaining debt, even though the lien was filed against them, not me - I want to know if it is possible to obtain a release of lien without having to pay off the underlying debt.
Jorge G.
The standard practice is that any lien against the property should be paid off at or before closing. You should also have obtained title insurance, which generally covers liens that were not satisfied. You should have received a copy of your title insurance policy sometime after closing, and the lien coverage (or any exception) should appear on the policy. At this point, you should contact an attorney to review all of your closing documents and advise you on the best course of action.
Read 1 attorney answer>Real Estate
Release of Lien
California
Can you explain the process of releasing a lien on a property and what steps I need to take?
I recently purchased a property and discovered that there is a lien on it from a previous owner's unpaid taxes. I have been informed that I need to have the lien released in order to obtain clear title to the property. I am unsure of the specific steps involved in the release of lien process and would like to understand what actions I need to take to resolve this issue and ensure the lien is properly released.
Dolan W.
Hello! My name is Dolan and thank you so much for coming to the site. Once you’ve identified the lienholder (usually it's the county assessor), you’ll need to resolve the outstanding debt. Depending on the circumstances, this might mean paying off the unpaid taxes yourself if they were not cleared during the sale. If you’re paying the lien yourself, make sure to get documentation from the lienholder showing that the debt has been satisfied. Usually, this may just require going online to get a receipt or proof that the property has a zero balance. What else you can get is a lien release or satisfaction of lien. The lienholder is responsible for filing the release with the county recorder’s office (these are often in the same agencies), but it’s always a good idea to follow up and make sure it’s actually recorded. Let us know how else we can help! Thanks!
Read 1 attorney answer>Business
Release of Lien
Illinois
Lien on business name
My husband and I started a transportation company recently and learned a Lein has been put on the business by a company we have never heard of nor have any affiliation with
T. Phillip B.
I'm assuming this is a UCC Lien on the business assets. You can file a release yourself with the IL Secretary of State. There's also an affidavit that will go with it.
Read 1 attorney answer>Real Estate
Property Deed
Massachusetts
How much would be the attorney fees to add an owner on the grant deed of a primary residence in MA?
The parent wanted to be part owner of the property with the current registered owner.
Richard G.
Without complications, attorneys fees relative to drafting a deed granting the property from one owner to another will cost roughly $500 - $750 in Massachusetts. Usually, these matters are relatively uncomplicated, however, at times they can be more complex. The attorney should take some time with you to understand the details of your situation so as to ensure that the deed is drafted according to your needs.
Read 1 attorney answer>Real Estate
Purchase and Sale Agreement
Massachusetts
Purchase and sale agreement and closing costs?
I am in the process of purchasing a home and I am looking at signing a Purchase and Sale Agreement. I am trying to understand what closing costs I will need to pay in order to complete the transaction. I want to make sure I am aware of all the costs associated with this purchase so that I can plan accordingly.
Moss S.
In Massachusetts it is advisable to have an attorney represent you in negotiating a Purchase and Sale Agreement. Purchasing a home is usually the most expensive item that a person buys in their lifetime. Regarding closing costs, they are driven mostly by your lender.
Read 1 attorney answer>