Legal Question in Real Estate Law in New York
Removing a judgement lien
There was a judgement lien placed on my home in 1999 because of default for 1,000,000 claiming that a tenant children get lead piosioning. The claim was false because section 8 inspected the house every year didn't find anything. My question is does a judgement lien expire in 10 years and how do i find that out? in 10 years could i sell my property?
2 Answers from Attorneys
Re: Removing a judgement lien
It's a lien against the property for 10 yrs but can be re-newed for 10 more.Better question is why
did let a default happen, especially since you say you have a defense? I would move to vacate the default, if possible, and defend.
Re: Removing a judgement lien
If the case was resolved in favor of the property owner, at the end of the case, the lien should have been removed by an order of the Court.
If the case was resolved in favor of the complainant, and a judgment was entered, against the property owner, for the payment of money, the lien can be removed when the money judgment is paid and a judgment Satisfaction is filed.
Property usually cannot be sold without the sale proceeds being held or used to pay the judgment lien on the property. Some property judgment liens do expire for twenty years. And, they can be renewed at the expiration of 20 years, for another 20 years.
Good luck,
Phroska L. McAlister,Esq