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First, send a certified letter to the lien claimant that the lien be released immediately (say, within 10 days). If there is no response, then you will need to file a lawsuit for slander of title against the lien claimant. Remember that liens expire--talk to an attorney in your state for info on your state's specific laws on liens.
Wiki User
∙ 15y ago
Wiki User
∙ 12y agoIf the lien is in place and of record it is valid. Maybe, because there was no debt or such to be enforced, it shouldn't have been allowed to be recorded, but that is a different thing than invalid. And before liens are placed, the title holder is almost always given the opportunity to say why one shouldn't be allowed...say by going to court and proving the debt isn't owed and liening shouldn't be allowed or isn't required.
There are many types of liens placed against many types of things (real property being the most common). Normally, placing a lien isn't all that easy to start with, and generally requires some documentation, approval of the title holder or court process. Removing it would require your proving the actions were incorrect 9or the underlying debt was paid in full), to whoever authorized it, or to whoever accepted it for recording, or the easiest way...if it shouldn't be in place anymore, is having the one who placed it file a release. (Without the agreement of the one who has it, it will likely require you to get a court to agree it should be removed, and they will try and give the holder an opportunity to respond and say why it is appropriate to maintain).
Wiki User
∙ 12y agoYou should return to the court that issued the lien although you should have received notice of the initial hearing at which time you could have contested the complaint. You should explain what you mean by "false lien".
You should return to the court that issued the lien although you should have received notice of the initial hearing at which time you could have contested the complaint. You should explain what you mean by "false lien".
You should return to the court that issued the lien although you should have received notice of the initial hearing at which time you could have contested the complaint. You should explain what you mean by "false lien".
You should return to the court that issued the lien although you should have received notice of the initial hearing at which time you could have contested the complaint. You should explain what you mean by "false lien".
Wiki User
∙ 12y agoYou should return to the court that issued the lien although you should have received notice of the initial hearing at which time you could have contested the complaint. You should explain what you mean by "false lien".
Wiki User
∙ 10y agoYou resolve the lien through payment or release. Only the lien holder can remove it without a court order.
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Can a lien be placed against a house in Texas for a car that was purchased in California and then repossessed in Texas?
Yes. The creditor can sue the debtor in Texas and use a judgment award to place a lien against property belonging to the debtor. I'm not a lawyer and would encourage you to call one. But I believe the previous answer is incomplete. If you reside in Texas, and you LIVE in the home in question, a judgment award cannot really be used against that property. If they put a lien on the house, all you need to do is claim "homestead exemption" and tell the creditor to remove the lien. They are required to do that. If they refuse, you can sue them for damages. The creditor can place a lien on OTHER property that you own (i.e. not your primary residence). Or any property that you inherit.
How do you remove a charging lien that has been on the property for 6 years?
A charging lien is the right to charge property in anothers possession with the payment of a debt or the carrying out of a duty the only way to remove it is to satisy the debt
What is a real estate vendors lien in Texas?
A real estate vendor's lien in the state of Texas is a type of lien put on a building project. If the contractor doing the work on a person's home defaults to his/her creditors, a lien can be put on projects that he has already completed or projects that are still in process. This means that the owner of the property where the project was done, has to pay the lien before they can sell the property. Then, the property owner has to sue to get the contractor to pay them back.
How can you get an IRS tax lien off a property that you hold a mortgage on if your mortgage pre dates a tax lien for the person who financed?
The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.The tax lien must be paid to remove it from the property. If you foreclose on the mortgage the tax lien would be a junior lien, however, the IRS has a right of redemption. If you plan to foreclose you should consult with an attorney who specializes in foreclosures.
How do i appeal and win a lien on my property?
You have to show that the lien was not lawful. Which can be pretty difficult if due process was followed in obtaining the lien. If fraud or deceit can be demonstrated, the court might remove the lien.
How do you remove a property lien in Massachusetts?
You must pay the lien and obtain a release from the creditor. Then the release must be recorded in the land records.
Is a lien on a property considered real or personal property?
A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.A lien is considered personal property.
What does this property in a LIEN SOLD status mean?
There is a lien or was a lien on the property and the lien was sold to a 3rd party such as an attorney
Can a HOA's judgment be filed as lien against the property and at the same time seize assets such as a financed vehicle?
The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.The law varies in different jurisdictions. Generally, a judgement lien followed by a levy on execution can be used to seize any property owned by the debtor that can be sold to pay the lien. The debtor should pay the lien as soon as possible in order to remove the lien from their property.The property would be held by the creditor subject to any prior liens against the property such as a car loan or mortgage. The property cannot be mortgaged, used as collateral or sold until the lien is paid.
How can you get a lien removed from your property due to child support?
Pay them.Child support and the IRS are what we call forever debts,not a court in this land would dismiss either one.Bankruptcy court can not touch them,you can list but trust me when you sell these people will get there monies....
Can you get a lien on your Homesteaded property in Florida?
Yes, you can get a lien on your homesteaded property in Florida. A court will put a lien on the property if money is owed in a judgement.
What is an involuntary lien against my property?
An involuntary lien would be a judgment lien by a creditor, a lien for unpaid property taxes or income taxes, a demolition lien, a lien for unpaid common expenses or homeowners association dues or a mechanic's lien. Contrast that with a lien you granted in your property such as a mortgage which would be a voluntary lien.
