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TexLaw, Attorney
Category: Legal
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Experience:  Lead trial/International commercial attorney licensed 11 yrs
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I live in Lake County Illinois and I am in the process of selling

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I live in Lake County Illinois and I am in the process of selling my home when the title was pulled I found three liens on the title in my wife's name that go back to 2003 and 2004 .. I know the judgments have expired ... Do the liens expire as well ?? If so how do I get them removed ??

Perplexed Jim

Thank you for your question.

Under Illinois law, "[a] judgment is not a lien on real estate for longer than 7 years from the time it is entered or revived, unless the judgment is revived within 7 years after its entry or last revival and a new memorandum of judgment is recorded prior to the judgment and its recorded memorandum of judgment becoming dormant." 735 ILCS 5/12-101.

So in your case, if the judgment has not been revived in the last 7 years since it's entry the lien is extinguished. You will need to file a Motion to Release Lien with the courts that granted the judgments. Once this is signed by the court, you take it to the county clerk to take the liens off your title.

Customer: replied 4 years ago.

Next question "Motion to Release" how long does that take in Lake County, Illinois ??? I am just finding this out in the midst of a closing coming up in August


There's no way of knowing how long exactly it will take. Only an attorney who practices locally in the Lake County courts will be able to give you an idea of how long it could take for this. If you have a closing in August, what I suggest is hiring a local attorney to file this motion on an ex-parte emergency basis and walking into an available judge.

However, you might want to inquire into delaying the closing, just to be prepared for this circumstance should it come about.
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