Home>Levelset Community>Legal Help>how can i have a property lien removed from my property? the debt was paid years ago but never release by the company and now the company is out of business

how can i have a property lien removed from my property? the debt was paid years ago but never release by the company and now the company is out of business

I obtained the property through now deceased family members and I am trying to obtain a loan for property maintenance. There is a lien on the property but I have documentation indicating the debt was paid off. The company has since gone out of business.

2 replies

Nov 2, 2017

Arizona § 33-100 provides that when any mechanics lien has been satisfied, the lienholder shall, within twenty days after satisfaction, issue a release of the lien. Further, the failure to grant such a release shall subject the lienholder to liability in the amount of one thousand dollars and also to liability for actual damages.

However, since that clearly wasn't the case in your particular situation, and the offending party has gone out of business, it probably provides little comfort. You may petition the court to have the lien removed, as either paid or expired - and if the claimant company hasn't completely shut down, there may be the ability to recover damages, as well. Additionally, you could initiate a quiet title action to clear the property from all liens. Unfortunately, if the claimant cannot be reached, it's not generally as simple as filing a "release of lien" form with the county recorder.

0 people found this helpful

Helpful

Jul 6, 2022

the work was done in 2007 and a 10 year loan. unfortunately there is no paper work kept by owner. she called several times to have faulty work done and got no answers (phone)

Report Spam