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How to remove judgment lien against vacant real estate house lot that was filed in 1995 and has not been renewed?

I own an interest in this property. The judgment lien was filed against a former partner's (a relative) properties which included these lots I owned in partnership with this relative. The property is not worth 1% of the amount of the judgment against him. I have paid taxes; kept lots mowed these many years. The relative is out of state. I desparately need to do something with these lots. Cannot find that any renewal of the lien was ever filed. I would like to build rental houses on the property but afraid to. The partner would be pleased to deed over to me in return for what I have spent on it over the years; but, I am afraid we would still have a cloud on title?

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Attorney answers (1)

Reputation Level 6
In most jurisdictions, there is a statute of limitations on judgment liens that requires that they be renewed periodically, usually every ten years. You may be in luck given the date of this one. I would first check with the title company to see whether the lien is still valid. If it is not, you could take the long road of filing a clear title action or, you could deed out the property to a third party, have them hold it for awhile, and then have them deed it back to an entity that you control or to you alone. It is not clear from your question whether the lien has attached to your partner's interest. However, if the lien has expired, your partner could quitclaim to you and that should also remove the problem. I would talk to a title company and have them pull a preliminary title report. It should show the validity of the lien. I think that any of these approaches could be made to work.
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