Criminal Defense Lawyers

Getting a Lien Removed: Everything You Need to Know

Having a lien placed on your property can be stressful. Whether it’s a tax lien, mechanic’s lien, or other type, liens prevent you from selling or borrowing against your property. Fortunately, there are ways to get liens removed. This article explains everything you need to know, from how liens work, your rights, and the lien release process.

What is a Lien and How Do They Get Placed?

A lien is a legal claim against your property to secure repayment of a debt. Liens give creditors the right to seize and sell your property if you don’t pay. Common types of liens include:

• Tax liens – Placed by the IRS or state for unpaid taxes
• Mechanic’s liens – Placed by contractors/mechanics for unpaid work
• Child support liens – For overdue child support
• Mortgage liens – Secures repayment of a mortgage loan

Liens get attached to your home, land, or other real estate you own. In some cases, liens may also be placed against valuable personal property like cars. Creditors don’t need a court order to file a lien in public records. All they need is a legal claim for money owed.

Finding Out If You Have Liens

Unfortunately liens can be placed without your knowledge. So it’s important to periodically check if you have any. Here’s how:

• Order a title search – This will uncover liens attached to your real estate
• Check your credit report – Any non-mortgage liens should show up here
• Contact creditors – If you think you may owe taxes, child support etc., ask if they have placed a lien

Finding liens early is key. It gives you more time to act before creditors start seizing your assets. Don’t ignore notices from the IRS or other creditors either. These often indicate intention to place a lien if debts remain unpaid.

Having a Lien Removed

To have a lien removed, you’ll need to:

1. Pay off the debt
2. Get the creditor to release the lien
3. Record the lien release

This releases their claim so the lien gets removed from your property’s title. Here’s more detail on each step:

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews

Paying Off the Lien

You can’t just get a lien removed because you don’t like it. There must be a legal reason for its release. The most straightforward way is paying off whatever debt it secured:

• Obtain payoff amount – Ask the creditor for the exact payoff number to release the lien. This may include late fees and interest.
• Pay in certified funds – Send payment via certified check or money order. This guarantees you have proof of paying.
• Get receipt – Request and keep a receipt as evidence you satisfied the debt.

Paying in full is the easiest way to get lien removal. But other options exist if you can’t afford to or dispute owing the amount.

Alternatives to Paying Off a Lien

If paying in full isn’t possible, alternatives like payment plans, debt reduction, or bankruptcy may help eliminate liens:

• Payment plans – Some creditors let you pay off a lien over time. This works like an installment loan.
• Debt reduction – You may negotiate a debt settlement for less than you owe. This can satisfy a lien.
• Bankruptcy – Filing bankruptcy often eliminates many types of liens. But tax liens may still remain.

Consult a consumer debt attorney to understand all your options. Laws like the Fair Debt Collection Practices Act also give you certain rights when dealing with creditors.

Getting the Lien Holder to Release

Once you’ve paid, ask the creditor to complete a lien release form. This formally removes their claim against your asset. If they drag their heels getting it done, you can:

• Submit written requests by certified mail
• Have an attorney send demand letters
• File a court petition to force release

Most creditors cooperate with properly documented requests. If not, courts can order mandatory release after debt payment. This helps prevent illegal property seizures down the line.

Recording the Lien Release

The last step is getting evidence of the release into public records. This shows the world your property is free and clear. To record it:

1. Get the original release document
2. Make 2-3 copies
3. File with County Recorder or Clerk’s office
4. Request file-stamped copy for your records

Official recording removes the lien from your title. So anyone who pulls a title search sees your property no longer has claims against it. Filing fees are usually under $20. Now you can finally relax knowing the lien is officially gone!

Avoiding Liens in the Future

Going through lien removal is stressful. Avoid repeats by:

• Staying on top of debt payments
• Not ignoring creditor notices
• Periodically checking your credit and title
• Maintaining good records

No one wants liens against their assets. But if one appears, now you know how to get rid of it. Pay off the debt, demand full release, and record evidence to regain clear ownership.