Do I Own My Home if There is a Lien on It?

Full question:

I recieved a certificate of satisfaction and affidavit from The Clerks office of the Circuit Court of Prince William County Va.Lien satisfied. Now they say it was wrong. Date of satisfaction...1-26-05 . Contested 5-25-10. Do I own my house ?

Category: Real Property
Subcategory: Mortgage Satisfaction
Date: 04/07/2025
State: Virginia

Answer:

If your name is on the deed, then you own the home. A lien, such as a mortgage, creates a security interest in the property. However, until action is taken to foreclose the lien, the titled ownership of the property remains unchanged. If you default on paying the amount owed under the lien, then the creditor may seek to have the lien enforced and have the property sold in order to satisfy the amount due out of the sale proceeds.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

What happens if a lien on my house is contested?

If a lien on your house is contested, it means that someone is challenging the validity of the lien. While the contest is ongoing, your ownership of the property remains intact as long as you are listed on the deed. However, if the contest results in a ruling against you, the creditor may have the right to enforce the lien, potentially leading to foreclosure. It's essential to address the contest promptly and seek legal advice to protect your interests.

Can a lien be removed after it has been satisfied?

Yes, a lien can be removed after it has been satisfied, typically through a document called a certificate of satisfaction. However, if the satisfaction is later contested, the lien may still be enforceable until the dispute is resolved. It's important to keep records of all documents regarding the satisfaction and to consult with a legal professional if issues arise.

What is a certificate of satisfaction?

A certificate of satisfaction is a legal document that confirms a lien has been paid off and is no longer enforceable. It is usually filed with the county clerk or recorder's office. This document serves as proof that the debt associated with the lien has been satisfied, protecting your ownership rights. If there are disputes about the satisfaction, you may need legal assistance to clarify your position.

How long does a lien stay on a property?

The duration a lien stays on a property can vary based on state law and the type of lien. Generally, a lien remains until the debt is paid or the lien is otherwise resolved, such as through a certificate of satisfaction. In Virginia, for instance, a judgment lien lasts for 20 years but can be renewed. If you have questions about a specific lien, consulting a legal professional can provide clarity.