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 answer will depend on all the facts involved, such as whether the son has an ownership interest in the property. To create a valid lien, it is essential that the party against whom the lien is filed should have the absolute property or ownership of the thing or, at least, a right to vest it. If a lien is in fact not authorized, the owner may request the person or entity who filed it to file to have it removed. If the lien is not removed and you have to get an attorney to remove it, the court can award you attorney fees.
Send the request to the claimant's last known verified address. In some cases, a letter alone may avoid litigation. Keep all your documents and paperwork. You may need to demonstrate to a court that the lien claimant is unable or unwilling to execute a release of the lien or cannot, with reasonable diligence, be found.
If the lien claimant doesn't remove the invalid lien, and the time has expired to foreclose the lien (in the case of a mechanics lien, there are statutes of limitations to foreclose), you may petition the court for a decree to release the property from the lien.
In a sale of property, the liability of the seller for liens deoends on whether a warranty deed or quit claim deed is used. A warranty deed typically guarantees there are no liens or other claims on the property, whereas a quit claim deed contains no such assurances and the property is sold subject to any exisitng liens. It is generally the buyer's duty to investigate the clear nature of the title when using a quit claim deed. A title company will often be hired to perform a title examination or title insurance may be provided.
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.
