There is a lien on the house that i want to refinance it was paid off ten years ago how to get release?
BrunaI just found out that there is a lien on the house I am refinancing. It was paid off more than ten years ago. I still have the cashed check ( only $375 total) to prove it. However, the neighbor who filed the lien has moved away with no forwarding address. How can I get the lien release? Do I need to trace the guy? How do I get rid of the lien without finding him?
Alecyour check will suffice. Go to court. IF needed, you can file a legalnotice in the paper, just as we do when we wish to start an LLCor corporation. YOUR notice would be "seeking john doewho forgot to release our mortgage lien." then go to court andI bet you have no trouble getting a judge to give you an order togive to the clerk "mortgage paid, as of today's date." [doubt itcan go back 10 yrs]also, the statute of limitations is your side. NO ONE with a claimagainst another can force collection when the debt has gone past7 yrs, or even as little as 5 in many cases.in the future, check your credit score at least once annually. Had you done this, you would have spotted this way earlier![however, I hate the tri merge credit bureaus myself]
DonnellPaid off 10 years?Did you not receive the Deed?I don't see how you could if there was a lien back then.If the lien was placed since then it may be illegal unless you contracted for some work on the house, which was not paid.If you have a clear Deed, you may have to consult an attorney in order to void/remove the lien, if placed after the Deed was issued.Contractual liens usually must be renewed within a fixed time period. Your state may be different than others.You'll need a Real Estate Attorney.
IleenYou need to contact an escrow company and have them locate and obtain the lien release. They can go through credit bureaus to locate the guy. If he refuses to sign the lien release, you will need the services of an attorney to sue him in court and get a court order for him to sign.
DominqueCheck your state statutes. Judgment liens expire after a certain amount of time. After ten years, that $375 lien may have already expired by operation of law.