Recent Answers to Release of Lien Law Questions
Can a release of lien be obtained without paying off the underlying debt?
Real Estate
Release of Lien
Florida
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.
Can you explain the process of releasing a lien on a property and what steps I need to take?
Real Estate
Release of Lien
California
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!
Can a release of lien be obtained if the original lienholder cannot be located?
Real Estate
Release of Lien
Massachusetts
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.
Thomas D.
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
Lien on business name
Business
Release of Lien
Illinois
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.