Legal Question in Real Estate Law in California
home owner property lien
is there an expiration on liens filed against the home owners property? The liens are over ten years old. Is there a way to reduce the costs of the lien at this time?
4 Answers from Attorneys
Re: home owner property lien
Liens are of all kinds. Some, e.g. mechanic liens, may expire of their own accord within a relatively short time unless the lien holder initiates an enforcement action. Others may linger forever, enduring even bankruptcies.
I'm not sure at all what you mean by reducing the cost of the lien. If a lien hasn't expired (become unenforceable), it is probably gathering interest and may be more costly to pay off as time goes by. Or, the lien may have expired and thus costs nothing.
In between, there may be some private liens such as judgment liens that haven't expired, but where attempts to collect on them have run out of steam. Liens of this kind might be increasingly subject to settlement at ever-decreasing percentages of face value. However, getting the best result would require skillful negotiations.
A home owner with lien problems of any kind should get individualized assistance from a local attorney with real estate experience. The stakes are too high to risk the consequences of enforcement actions or even the negative credit report aspects.
Re: home owner property lien
If there is a judgment lien the judgment is good for ten years from the date entered. It is automatically renewed upon request before expiration for another 10 years. If after expiration a motion must be made. All other lien such as tax liens, child support liens for the most part have no statute limitations on their collection. This does not mean though that something can be done. I've successfully negotiated liens down in certain situations.I have been practicing law in this legal area for over 30 years and understand your problem well. I practice in the S.F. Bay Area and if you wish to contact me call at 925-945-6000.
Re: home owner property lien
It depends on the type of lien. For example, a judgment lien can be renewed for an additional 10 years. We will need to review a copy of the lien to assist you. Please contact our office for consultation and review of your documentation.
Re: home owner property lien
It depends entirely on what the lien was for.