Recent Answers to Lien Law Questions

Joseph M.

Answered Feb 6, 2024

If the judgment was against your father and not you then you should be able to fight the lien.

Jessica M.

Answered Sep 15, 2023

I am unclear what the question is or the nature of the dispute. Is there a lawsuit in place?

Jane C.

Answered Jul 29, 2022

Have you tried calling the Department of Motor Vehicles to see what can be done.

Michael T.

Answered Jul 19, 2022

This sounds complicated enough that you need a lawyer to get involved. Do you have a title insurance "owner's policy"? If so, that might get you a free lawyer (I can't tell from the facts you presented whether that will work). Also, you've tagged this question as a Virginia question, but you mention the lien being recorded in Florida. You need an experienced lawyer in the jurisdiction in which the property is located. If the house is in Virginia, you need a Virginia lawyer; if in Florida, you need a Florida lawyer. If it's a lien on Virginia property from a Florida judgment, then you need a Virginia lawyer, because that's where the property is located.

Holly T.

Answered Jun 17, 2022

The timelines for a creditor to file perfect and demand lien satisfaction are specific and you will need an attorney to take care of this, assuming it is still an option.

Donya G.

Answered Oct 5, 2021

Why is the lien fraudulent? Here are some options: How to remove a property lien You'll need to file a lien release form in order to sell or transfer your property. A lien release form can remove a property lien, or a claim a creditor has against your property for a debt you owe. Property lien removal process A lien against your property will prevent you from selling it until that debt is paid. Here are the steps to take to remove the claim of the lien holder against your property. Make sure the debt the lien represents is valid. If you don't believe you owe the debt to which the lien is attached, you may want to consult with an attorney. Pay off the debt. If the debt is valid, pay the creditor in full. If you work with an attorney, you may be able to negotiate a lower payoff amount. Fill out a release-of-lien form. You can often find lien release paperwork online. If not, try the county clerk's office or an attorney, if you have one. Make sure the form includes your name, the lien holder's name, proof and amount of the debt paid, and a description and address for the property. Have the lien holder sign the release-of-lien form in front of a notary. The lien holder needs to sign the document in the presence of a notary public. File the lien release form. You'll usually file the lien release at the county recorder's office, at which point it becomes public record. You may have to pay a small fee to file. Ask for a lien waiver, if appropriate. A lien waiver is a document from a contractor showing that you have paid for the work in full and waiving all future lien rights of the contractor in the work or equipment. Keep a copy. You'll want to have a copy of the release form for your records. Other ways to avoid or remove a lien Court order. If you believe the lien exists due to bad faith, coercion, or fraud, you may be able to obtain a court order lifting it. The lien is a result of a money judgment issued by the court. I encourage you to engage an attorney with knowledge and expertise to assist you with this matter. All the best, Donya