Release of Lien

smahany · Joined: 13 Nov 2008 Posts: 1 1.45 Dollars($)

I recently paid off my home mortgage. I am not the original Lien Holder on this house. When I tried to get a Release of Lien, the mortgage company told me it was filed with my county records building, but in the original loan holder's name. That was over 30 years ago that this person owned my house.

How do I get a free and clear lien on my home?

Thank,
Sharon

carlpruitt · Posted: Thu Nov 13, 2008 8:37 pm Post subject:

Welcome to the forum!

I believe you mean you assumed the loan? (This is nit picking but actually the lien holder is the lender.) When the loan was first recorded it was filed by name, but the lien is against the property itself. When you assume a loan, you assume the indebtedness on the original lien and you aren't creating a new lien. As long as the original lien has been released, the property is free and clear. It does not have to have your name on it. As a matter of fact, it would cause substantial confusion if it did have your name on it.

You can double check it by finding the document in the county records and making sure that it has a stamp on it indicating it was released and the book and page number where the release is recorded. There is no need for you to even have a copy of it personally for the lien to be released.

Guest 0.10 Dollars($)

Thanks for your response. These eases my mind some. What papers do I need to get to show I own the house free and clear? Deed of Trust? Or some other papers? I've never paid off a house before. Smile

carlpruitt · Posted: Thu Nov 13, 2008 9:01 pm Post subject:

As long as they are recorded at the county clerk's office, you don't actually need to have any documents. If you sell or refinance, an attorney or title company will do a title search at the courthouse to verify that it is paid off.

For peace of mind, you can go to the clerk's office and get a copy of the recorded release.

jameshogg · Posted: Thu Nov 13, 2008 9:36 pm Post subject:

Hi Sharon!

I agree with Carl Pruitt. In order to get a copy of the recorded deed, you can contact the county recorder's office.

Thanks

Guest 0.10 Dollars($)

I never received a release of lien from the seller and that was 10 years ago what steps do I need to take to clear my home, Chase sent the paid in full balance to the owner in 1998

smithsussane · Posted: Wed Dec 10, 2008 9:21 pm Post subject:

Hi John L!

Welcome to forums!

As far as I can understand, if you have paid off the lien, you need to contact the person who has placed the lien and get a lien release certificate from him/her. You have mentioned that
"Chase sent the paid in full balance to the owner in 1998". Was it sent to you?

Feel free to ask if you have further queries.

Sussane

Guest 0.10 Dollars($)

Hi Mr. Pruitt. About two years ago, I finished paying the mortgage on my home. I am disabled and am working part-time. Can Creditors put a lien on my home on unsecured loans? Thanks.

jameshogg · Posted: Mon Jan 26, 2009 12:39 am Post subject:

Hi sgottlieb,

As far as I know, yes, there are chances that the creditors may place lien on your property for unsecured debts.

Thanks

carlpruitt · Posted: Thu Feb 12, 2009 4:27 pm Post subject:

I apologize for not seeing this earlier!

For an unsecured debt, the creditor would have to sue you and get a judgment in order to place a lien on your property. Whether they could do this or not would depend on the statute of limitations in your state and the age of the debt and also whether or not you had filed for bankruptcy. It is not uncommon for unsecured debtors to take the issue to court.

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