There a lien on a property I bought it is more then 10 years old is it still Collectible
3 replies
May 14, 2020
Most clients hate to hear a lawyer say "it depends". But it does.
If its a mechanic's lien, then chances are if no action was taken to perfect the claim, the lien is stale. It should not be considered an encumbrance on your property. If necessary, you should be able to get a Court to remove it.
Other statutory liens might still be valid, but given that its 10 years old, it may well be stale.
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May 14, 2020
This will depend on the type of lien. If it is a construction lien (also referred to as a mechanic's lien) it has expired, unless a lawsuit was timely filed to foreclose the lien. It is too late to start a foreclosure lawsuit now.
I hope this has answered your question.
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May 27, 2020
If you are seeking to have the lien removed from the property, you can engage counsel to help you send a demand based on the Wrongful Lien Statute to have the lien removed. If it is not, you may be entitled to triple damages. Alternatively, you can file a simple quiet title action to have the lien removed.