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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Legal
Satisfied Customers: 16558
Experience:  Experienced Licensed Attorney
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How do we file a request and or Removal of a Judgement Lien

Customer Question

How do we file a request for Stay and or Removal of a Judgement Lien a former business partner ["C"] placed on our Arizona home January 2013?
SHORT HISTORY: We signed a promissory note on behalf of partner "D" as cosigners for his Colorado partnership obligation, 2000. Regardless of receiving "D"'s interest payments, business partner "C" called the full note on us and got a Default Judgement [2003] when our lawyer did not answer. However in the course of resolving and dissolving the Colorado partnership - partner "C" and "D" and us signed a universal settlement agreement, thus satisfying all former and current Colorado claims, 2008.
We planned to ignore the lien expecting that we could simply wait-out former partner "C" or protest any attempt at renewal, 2018. However, 2016 due to health reasons we now wish to either refinance our home or sell it but realize we can't without clear title. We understand that Arizona's Homestead Act may protect our equity but any buyer would still have a cloud on 'their' title.
Submitted: 11 months ago.
Category: Legal
Expert:  Alex J. Esq. replied 11 months ago.

Hello. My name is ***** *****

Thank you for your question.

I will be happy to provide you the information you are seeking for educational purposes only.

Generally, the only way to remove a lien based on the default judgment that was obtained in 2003 is to either settle or pay off the judgment or have the judgment creditor agree to release the judgment and lien and once such release is filed and recorded, then the lien will be released.

I wish you the best of luck!

Expert:  Alex J. Esq. replied 11 months ago.
Expert:  Alex J. Esq. replied 11 months ago.