Legal Question in Real Estate Law in New Jersey

Re: house lein

There are ways that this can be taken care of but you will almost certainly need the help of an attorney because both the substance of the law as well as the procedure would not be easily understood without some legal training.

There are basically two types of liens on real estate: consensual and adjudicated (non-consensual). A consensual lien is one that you voluntarily grant such as when you obtain a Home Equity loan and you pledge your house as collateral. The other type results from being sued except in a few cases such as debts a property owner owes to a municipality which are automatically liens and certain tax obligations which state and federal authorities can sometimes file as a lien without your knowledge although there's almost always somethng in the fine print of that last letter they got from the IRS (which they didn't read) that tells them a lien can be placed on their property.

It's unusual but not unheard of that the financing of a purchase of a motor vehicle would be secured by a mortgae on real estate. The other possibility would be if you were sued in Court because a judgment can be made a lien on real estate also. However, you say you paid that loan off so if there was ANY sort of lien for that the creditor should have removed it. Sadly,I have seen many cases in which people signed papers they didn't even know were a mortgage but when the creditor files it in the Courthouse anybody checking the publc records will certailny assume there is still somethng owed yet many times the creditor has long sine forgotten about the mortgage when it gets the last payment on the loan so it doesn't file the papers necessary to cancel the mortgage.

If you can show that the mortgage or judgment was paid off a Judge can order the lien removed. The same is true if a long period of time has passed. However, the papers you will have to file with the Court, mailing and publishing Notices and other requirements lead me to suggest you call the Lawyer Referral Service in your County. They will give you some names of attorneys who are experienced in this area of the law and although a judgment will expire after 20 yearsif not renewed for another 20, a mortgage is forever unless you take action.