How To Stop A Lien On Your Property?

Definition of "How to stop a lien on your property?"

Jennifer Naylor real estate agent

Written by

Jennifer Naylorelite badge icon

RE/MAX Alliance Group

Wondering how to stop a lien on your property?

Well, there is one pre-emptive measure of including in your bilateral contract that failing to comply with whatever obligations the contract lists will not produce any lien. Also, a good tip is to ask for lien waivers whenever it’s appropriate. For instance: a contractor does some work in your house and you paid it all correctly. Ask him to sign this document attesting you paid in full and waiving any future right to put liens in connection with that specific work.

However, when it’s a non-consensual lien, that is, a judgment lien set forth by a court judge, the plot thickens. How to stop a lien on your property if a judge determines so?

The easiest way is paying the debt that caused the claim that originated such judgment lien. You can even try to negotiate a lower payoff amount with the other party, but the quick way is paying in full. Once that’s done, the lien gets lifted quick. You fill out a release-of-lien form, make the lien holder sign in front of a notary public and, then, you will file it at the county recorder’s office so you don’t lose your house.

One not recommended way of answering how to stop a lien on your property is: sitting on it. Depending on the type of lien and the state in which it was applied, time can work on your favor, as they can expire. But, most of the times, lien holders can renewal.

You can also lawyer up to appeal against the judge’s decision of imposing that lien on your property if you feel it exists due to bad faith, coercion or fraud. Lawyers are an overall good answer whenever you think of how to stop a lien on your property; especially to negotiate a workaround the lien with the other party. Maybe you can have something else to offer instead of the lien in a specific property? With all the sensitivity between you and the other party because of the lien, is better to have a professional do it.

And the last and most complicated way when answering how to stop a lien on your property is via the bankruptcy statutes. There’s a mathematical calculation needed to make that happen. In it, one should determine if the lien impairs a pre-existing exemption to which the debtor would’ve been entitled to in the absence of that lien. Difficult, right? Especially because exemptions vary from state to state, so, really: if you’re taking that route; lawyer up!

Figuring how to stop a lien on your property is most of the times frustrating because the truth is that the best measures are to be taken preemptively. Whatever else - except actually paying your debt - is a longshot.

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