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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10244
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How do I get a lien removed from my house?

Customer Question

How do I get a lien removed from my house?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 2 years ago.
It depends on what kind of lien it is, and how long it has been on the property, whether the lien was properly recorded, etc.In most cases, if the lien is properly recorded, the only way to have it removed is to pay the creditor the amount due, plus any interest, collection fees, etc. that are due. Once you pay, your creditor is responsible for removing the lien.If the lien is recorded improperly, or if there are problems with the lien, you can contest it (first try to negotiate with the creditor), but you can sue the lien holder in court in what is called a "quiet title action" to remove the lien (which is creating a "cloud on title" against your property). This is a somewhat complex form of civil litigation and I would highly encourage you to retain a civil litigation attorney to represent you in this type of action.
Customer: replied 2 years ago.
The lien was put on the house on 6/12/2014. The intent to record was on 5/12/2014. An intent to foreclose was done on 6/5/2015. They said they called on 5/11/2015 but I don't recall. I'll check my cell records. Any mistakes on their part?
Expert:  CalAttorney2 replied 2 years ago.
Please keep in mind, our forum is limited to "general legal information" only - especially when it comes to your primary residence, I recommend working with local legal counsel who can provide you with a formal legal opinion based on a review of the actual documents that you have received as opposed to simply providing you with general principles.Georgia foreclosures move very fast, so this timeframe is not unusual (except perhaps that they waited a year between placing the lien and foreclosing).A lot of this type of law is also based on strategy (looking at how much equity is in the property - how likely the creditor is going to be able to actually recover after the sale, are there other avenues of recovery, how many other liens are on the property).See generally: http://www.nolo.com/legal-encyclopedia/georgia-foreclosure-laws-procedures.html