US Legal Forms
Legal Resources
Questions & Answers
Real Property
How can I obtain a satisfaction of lien to sell my property?

How can I obtain a satisfaction of lien to sell my property?

Full question:

If the attorney that handled the property transaction 20 years ago is no longer around and I cannot locate the previous owner, how do I get a satifaction of Lein on my property so I can sell it?

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

Answer:

The lien holder must cancel the lien. If it's a mortgage company, they can usually be located. If the lien is held by an individual, you may need to try to find them. If they are untraceable, the Trustee named in the mortgage can release the debt. If the debt has expired, the title company might be able to write over the mortgage. For liens that are not mortgages, the person who filed the lien must release it. If you exhaust all options, you may need to file a Suit to Remove the lien. Hope this helps.

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

How long does a lien last in Rhode Island?

In Rhode Island, a lien generally lasts for 10 years from the date it is recorded. However, it can be renewed for another 10 years if the lienholder files a renewal notice before the original lien expires. It's important to check the specific type of lien, as different rules may apply. Always consult with a legal professional for advice tailored to your situation. *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.*

Do property liens expire in California?

Yes, property liens can expire in California. Generally, a judgment lien lasts for 10 years but can be renewed. Other types of liens, like mechanic's liens, have specific timeframes for enforcement, typically ranging from 90 days to several years. If a lien is not enforced within its timeframe, it may become unenforceable. For accurate guidance, consider consulting a legal expert. *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.*

Can someone put a lien on my property without me knowing?

Yes, it is possible for someone to place a lien on your property without your knowledge. This can happen, for example, if a creditor obtains a judgment against you. However, once filed, the lien becomes a matter of public record, and you can typically find out about it through a title search or by checking public records. If you suspect a lien has been placed, it's wise to consult with a legal professional. *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.*

Can a lien be placed without notice?

In many cases, a lien can be placed without prior notice to the property owner. For example, a judgment lien can be recorded after a court ruling without notifying the property owner beforehand. However, certain types of liens, like mechanic's liens, may require notice to the property owner before filing. It's important to understand the specific laws governing the type of lien in question. Consulting with a legal expert can provide clarity. *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.*

How to find unrecorded liens?

Finding unrecorded liens can be challenging since they are not part of public records. You may start by checking with local courts for any judgments against the property owner. Additionally, speaking with creditors or conducting a title search through a title company may reveal potential unrecorded liens. Consulting a legal professional can also help you navigate this process effectively. *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.*

How to get a lien release from a bank that no longer exists?

If a bank that holds a lien on your property no longer exists, you may need to contact the FDIC or the bank's successor institution to request a lien release. If you cannot locate any successor, you might need to file a suit to remove the lien. Providing documentation of your attempts to resolve the matter can be helpful. Consulting with a legal professional is advisable to ensure you follow the correct procedures. *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.*