Did you recently find a lien registration against your property?
Well, this may have come as a shock. In many cases, if a lien has been filed on your property, then you need to act quick to remove it. If you don’t, your property is able to be accessed by your creditors which can have serious consequences.
However, it’s important to note that just because a lien was filed on your property, it doesn’t mean it’s lawful. Depending on the situation, the lien could be removed.
In this article, we’ll cover how you can dispute a lien registration against your property.
What Is a Lien Registration?
If someone has filed a lien registration against your property, it means that someone else has the right to access your property as an asset.
This typically only happens when a debt isn’t paid in due time. The person who filed the lien may have access to your home, car, boat, or other property.
Until you deal with the lien by removing it, your property may not be sold, and could even be seized.
2 Ways to Remove a Lien Registration Against Your Property
If you’re wanting to remove a lien registration against your property, you’ll be happy to know there are a few different options.
1. Settle Your Debt
You may not want to hear this, but the easiest way to remove a lien from your property is to settle your debt. This is assuming the lien is legitimate and lawful. If you suspect that the lien was unjustly filed against your property, then move onto the next step.
Satisfying your debt doesn’t necessarily mean paying off the debt in full immediately. While that is one way to do it, there are a variety of ways to settle debts. Oftentimes, creditors will be happy to reduce the debt or span out payments over a period of time if it means they receive some form of compensation. If you go this route, it’s best to partner up with a trusted lawyer to help you reach a fair settlement.
2. Obtain a Court Order to Remove the Lien
If you believe the lien was obtained illegally through fraud, bad faith, or coercion, then you should definitely seek out a court order to remove it. This isn’t always easy, but if the lien is fraudulent, you should definitely seek out a lawyer to help you remove the lien in court.
Is the Lien on Your Property Illegal?
Not all liens are legal–even if they’ve been filed against your property.
If the lien is illegal, then you need to take legal action to have it removed. As mentioned above, you need to take the right legal steps to have it cleared.
The first step is to send the claimant a demand letter. This is simply a professional way to tell the person who filed the lien that the lien is illegal and they should remove the lien.
If the claimant doesn’t remove the lien, then you’ll start court litigation through a lawsuit. After the lawsuit has been filed, you will serve the lien claimant. This is a legal notice sent to them that tells them a lawsuit has been filed against them.
After this, there will be a hearing and a court date if the claimant continues to press on with the lien.
Your Best Course of Action
If you found a lien against your property and you have reason to believe that it is illegal or fraudulent, then your best option is to seek legal help.
You should speak with a trusted lawyer who has experience in property liens who can fight for you to have it removed legally.
Receiving notice that a lien has been filed against you can be an alarming situation. Your best course of action is to reach out to a lawyer to help you through the process to resolve the situation. For help disputing a lien registration against your property, reach out to Falcon Law today.