Question Details

K. Ryder, Home Buyer in

how long does a property lein stay on or is it null and void after so many years?

Asked by K. Ryder, Thu May 15, 2008

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5
how long is a lien place on property valid in time in Florida, Orange County
0 votes Thank Flag Link Sat Jan 28, 2012
Mr. Ryder,

Mechanic's liens in many states, expire after a period of time. For example, in many states, if the person/company filing the lien does not take legal action to enforce the lien within 90 to 180 days of filing, the lien will become unenforceable. In other states, to remain enforceable, the mechanic's lien must be refilled or updated to maintain in force.

In the case of a creditor lien, in many states, the creditor has to file suit and win the suit before they can file a lien.

As always, you should seek the advice of legal counsel in your city to determine the specifics of laws in your state with respect to liens.

Best regards,

Jeffrey
0 votes Thank Flag Link Thu May 15, 2008
In Kansas, liens on a piece of property may include:

Trust deeds
Mortgages
Land sale contracts
Involuntary liens (includes workmen's liens, liens for unpaid taxes and liens filed by creditors holding judgments against the owner)
this becomes a which is a charge on the property, in order to satisfy a debt or other obligation owed by the current owner of the property. A lien encumbers property as long as it exists and has been recorded in the public records.

I would first check public records!!!! or if any lien shows up I would then get advice from an attorney who specializes in Real Estate ONLY!!!!
0 votes Thank Flag Link Thu May 15, 2008
In my experience a property lein typically stays secured to your house until it is paid off. And their are different types of them. That lein secures the creditor's interest in your property and it has to be legally filed. Therefore typically they must be paid in order to refinance or when you sell your home. I have never heard of a property lein being null and void after a certain amount of years. I once even worked with a client who had a hefty one and the leinholder was threatening to start the foreclousure process.

On the other hand, judgements become dormant or expired after a certain period of time if they are not renewed. However, even if the judgement is dormant is still has to be released at the court house to show that on your credit report. Even if the judgement is dormant or expired it can be tedious and difficult to actually remove the entry from your credit profile. Hope this helps!!

Brent Bester
0 votes Thank Flag Link Thu May 15, 2008
Mr. Ryder,

Your answer is going to vary by state, and the type of lien your inquiring about. Tax liens typically take precedence over any others, and never go away, often leading to a forced sale to recover the taxes. Mechanics liens often have an expiration date, but can be refiled by the initiator to stay active.

Again, it depends on the state and the type of lien.

Best regards,

Jeffrey
0 votes Thank Flag Link Thu May 15, 2008
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