Thank you for your follow up.
Let me ask you the questions that you have posted.
1) What legally will happen to me if I don't release the lien until the DA files their charges. Reason is that they & I won't know where he is living.
A lien holder is legally obligated to provide the party against whom the lien is placed with the correct amount of any amount owed on which the lien is based and as long as, the party who is subject to the lien satisfies the full correct amount by making a payment to the lien holder, the lien holder would have legal obligation to release the lien. If the lien is not released within reasonable time after the payment to satisfy the lien is presented to the lien holder, the lien holder can be liable for any damages suffered by the person negatively effected by such lien and refusal of the lien holder to release the lien upon the tender of full payment to satisfy the lien. The DA investigation is criminal in nature and generally would not have any direct connection for an unrelated lien on a property. If DA Office does decide to file criminal charges against your ex, an arrest warrant
will be issued for your ex and police will have plenty of resources to track your ex down and to take him into custody at his new address.
2) Is there a time frame for a release of a lien.
The lien holder would generally execute the release of the lien upon the tender of the payment for the amount related to the lien, as long as, this payment is made by wire transfer or by other certified form of payment, such as cashier's check.
3) Can he take me to court to have it released
The answer is a resounding "YES". The person who is subject to the lien, can file a lawsuit if the lien holder is refusing to accept a full payment in satisfaction of the lien and such lawsuit can seek not only a lien release but also any damages that the ex has suffered as your refusal to release the lien upon full payment.
4)I'm having surgery in 2 weeks and don't need this distraction.
While a medical condition / surgery can be a valid reason to postpone or delay the execution of the release, the lien holder does have to make a reasonable effort to execute the lien release at the earliest possible date upon the payment and to act in good faith.
5) How long and what will the court do if they can't find him to serve him with the charges.
If DA Office does decide to file criminal charges against your ex, an arrest warrant will be issued for your ex and police will have plenty of resources to track your ex down and to take him into custody at his new address
6) If I want to sue him for stealing my identity, don't I need an address to serve him at.
Even if your ex does move after selling the house, there are plenty of resources which can be used to find your ex's new address and unfortunately simply refusing to sign a lien release for the reasons of being able to know your ex's address and to prevent him from moving would be viewed as "bad faith" and would not be a valid reason to refuse to sign a lien release.
I am sorry that you are in this difficult situation and I wish you the best of luck and also a speedy recovery from your surgery!