Full question:
A lien was placed on my property based on a judgement against my son who has the same name and address as me. How can this happen since we have diff SS nos? Isn't the burden of proof required before arbitrarily placing a lien on someone who is not the person involved? I am trying to refinance a mortgage and was informed there are liens on my property! I was never notified of such pending liens by said co. and or attorney.
- Category: Civil Actions
- Subcategory: Liens
- Date:
- State: New Jersey
Answer:
The situation depends on various factors, including whether your son has any ownership interest in the property. For a lien to be valid, the person against whom it is filed must have some property rights or ownership. If the lien is unauthorized, you can request the claimant to remove it. If they refuse, and you need to hire an attorney, the court may award you attorney fees.
To initiate removal, send your request to the claimant's last known address. Sometimes, a simple letter can resolve the issue without litigation. Keep all related documents, as you may need to prove that the lien claimant is unable or unwilling to release the lien.
If the claimant does not remove the lien and the time to foreclose has expired (for example, in the case of a mechanics lien, which has a statute of limitations), you can petition the court for a decree to release your property from the lien.
In property sales, the seller's liability for liens depends on the type of deed used. A warranty deed guarantees that there are no liens, while a quitclaim deed does not provide such assurances and is sold subject to any existing liens. Buyers should investigate the title's clear nature, often with the help of a title company or title insurance.
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.