Legal Question in Real Estate Law in Texas

Removing a lien

When I puchased my home 19yrs ago the orignal owner had a lien on the property. The lien has been paid. I have records of all payments made. Now I am trying to sell my home and for some time we have been unable to find the original ower to release the lien. Is is possible to get this lien removed without the original owner? How do I go about getting this lien removed?


Asked on 11/09/07, 2:35 pm

2 Answers from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Removing a lien

If your deed of trust has a maturity date which has passed, then the title company may not require a release. Absent that, take a copy of the note to the title company with proof of payment, and that may be sufficient to provide insurable title. You're not the first to have this happen.

Read more
Answered on 11/09/07, 3:42 pm

Re: Removing a lien

You should contact a title company first, show them your proof of payment. Many times, this is all it will take. If the title company refuses, then you can go to court and file a suit to quiet title. The latter is a bit more expensive, but will get the job done.

Read more
Answered on 11/09/07, 10:57 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Texas