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Question

can somebody file a lien on my home without a jugement ? And how do I get it off if I don't agree tha I owe them anything?

Submitted: 255 days and 17 hours ago.
Category: Finance
Value: $9
Status: CLOSED
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Posted by Lev 255 days and 17 hours ago.

Answer

There are several situation when the lien may be attached to the property without filing a lawsuit:

- if you have a tax debt

- if you signed a contact using the property as a collateral

- mechanic's lien - if the contractor or a sub-contractor provided a job on the real property or supplier delivered materials that were not paid.

 

Let me know if you need any help.

 

255 days and 15 hours ago.

Reply

What about the second part of my question or is it considered a second quastion?

Accepted Answer

Sorry for not fully responding...

You action would depend on the reason the lien was registered.

You may get the lien and contact information in your county office.

 

Generally - you need to send by certified mail to the other party and to an independent third party acting on your request - asking that the lien be removed within a given period of time (normally 30 days). If the lien is NOT removed - you may have legal recourse.

You may sue the other party but should provide adequate evidence that the lien was filed improperly.

 

If the court finds that was filed incorrectly - you also may ask to compensate all damages and legal expenses.

 

If that is a tax lien - you need to contact the IRS and negotiate. The statute of limitation of federal tax lien is 10 years starting from the date additional taxes weer assessed.

You might need a local CPA or Enrolled Agent to represent you.

 

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Expert: Lev
Pos. Feedback: 99.1 %
Accepts: 
Answered: 3/11/2009

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Personal Investment, Tax Preparation

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