How long does it take to have a property lien removed?

Asked over 4 years ago - Dallas, TX

What are the forms needed to remove a bogus and fraudulent property lien?

Attorney answers (1)

  1. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    Answered . You need a release of lien or satisfaction of the lien from the party who filed it. Otherwise you will have to start an action in the court where the lien was filed to have it removed. You cannot just file aa document that you create to remove the lien.

    If this is a judgment be very careful with financial accounts.

    Judgments are filed in the office of the clerk in the place (jurisdiction) where the suit was filed. They can be filed in other jurisdictions as well by being recorded in additional clerks offices.

    The judgment gives the judgment holder the right to use various means to collect the judgment. The two most familiar are wage garnishment and freezing bank accounts. The judgment can also constitute a lien on any real property that is in your name. The judgment can sit in the Clerks office for many years, accumulating interest until you want to sell a house or refinance the mortgage on a property, and then title or the loan cannot be secured unless the judgment is paid off.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and Massachusetts only and make no attempt to opine on matters of law that are not relevant to those three States. This advice is based on general principles of law that may or may not relate to your specific situation. Facts and laws change and these possible changes will affect the advice provided here. Consult an attorney in your locale before you act on any of this advice. You should not rely on this advice alone and nothing in these communications creates an attorney client relationship. The opinions expressed herein are those of the author only and the fact that he has worked as an Assistant District Attorney; State Supreme Court Clerk; Special Assistant United States Attorney (Hawaii); Assistant Cornell University Counsel or Judge Advocate, United States Marine Corps should not be relied upon to assume that these statements reflect the policy of these organizations.

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