Legal Question in Real Estate Law in New York

How can i remove a lien on my house from a previous owner


Asked on 10/16/13, 3:03 pm

2 Answers from Attorneys

Yefim Rubinov Yefim Rubinov Attorney at Law

Was the lien paid off, if yes then you must file a lawsuit to remove it. If the lien was not paid off at closing, then you have a problem. Contact a lawyer

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Answered on 10/16/13, 3:14 pm
Kevin Connolly Kevin J. Connolly

It all depends on what kind of lien and how it attached to the property. If it was a lien "of record" when you bought the property, the first question becomes did you not buy title insurance? In some places upstate, it's not customary to buy title insurance, because you get a title opinion from an attorney. In either case, you would have recourse for liens "of record" at the time of closing.

In some cases, liens are filed after the closing. The title company might remove some of these, but usually the title company is not responsible and it's up to you. If it's judgment that was docketed after the deed was delivered, but before it was recorded, you can bring a "quiet title" proceeding. If it's a mechanics lien that was filed after the deed was delivered, it should be invalid unless your deed does not have an anti-lien covenant. And if your deed lacks that covenant then you have most likely been defrauded. I would be happy to review your case at no charge. 516-242-1453.

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Answered on 10/16/13, 4:01 pm


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