If a previous owner had a lien on property and died, howdo Iget a lien off the property?

UPDATED: Jan 11, 2012

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If a previous owner had a lien on property and died, howdo Iget a lien off the property?

Asked on January 11, 2012 under Real Estate Law, Indiana


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

The best way to try and get the lien removed is to contact your title insurance company when you bought the property with respect to the lien that you are writing about assuming you obtained title insurance when you bought it. If the lien was missed when you bought the property under any title insurance policy that you bought, then your title insurer should take care of it by having it paid off.

If you did not get title insurance or did and you closed escrow knowing about this lien of record, you would be responsible for it by taking title to the property without insisting it be removed before ownership transferred to you.

If the lien is a judgment lien and is more than 10 years old, you might be able to have it removed by way of a motion with the court where the judgment was issued in that most judgments are only good for 10 years unless renewed. I suggest that you consult with a real estate attorney about your situation for further help.


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