How Do I Remove A Lien Against My Property?


Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.

I borrowed money from the bank to purchase land from my mother and her living siblings through an attorney. I have had the land now for about 15 years and I am now ready to sell the property. The closing attorney is different from the one that handled the sale 15 years ago. I have been informed that a lien is on the property from an heir from 1967. What do I need to do?

Different states have different practices regarding real estate closings, but in general someone is responsible for finding out whether there are liens against the property. That may be the attorney or it may be a title insurance company. In either case, the first place I would look to solve this problem is whoever should have found it the first time, which is what your current attorney should have told you.