How to Address a Lien on Property in Georgia
Speak with a trusted Property Attorney in Cherokee County, Georgia.
What Is a Property Lien?
Do you want to know more about a lien on a property in Georgia? This article will provide you with all you need as far as property lien is concerned.
Dealing with the legal aspects of the transfer of ownership of real property is difficult enough without the added challenge of a judgment lien.
You need a clear title to sell or refinance your home or commercial property. If a lien is recorded against your property, it will be registered as an official “cloud on the title.” This means that you cannot sell or refinance until the lien is removed.
A lien is a legal claim that one party has on the property of another for payment of a debt. Loans, failed payments for services, judicial judgments, or statutory fees, such as property taxes, create lien rights.
A lien can be filed on any property in Georgia, including real estate like residential and commercial properties, cars, and personal property.
When filing a lien on real estate in Georgia, specific steps and forms must be completed, which can be confusing.
The importance of understanding liens and lien priority cannot be overstated, especially if you own real estate. Experienced real estate counsel can answer any questions you have about liens. Ensure you seek assistance from a reputable attorney familiar with Georgia lien law.
Categories of Georgia Property Liens
A lien can either be general or specific. A general lien is a claim a lien claimant has against some or all of a debtor’s personal property. Any property may be sold to satisfy the debt. Conversely, a specific lien is attached to a particular asset offered as collateral in exchange for a loan.
In addition to liens being general and specific, they are either voluntary (consensual) or involuntary (non-consensual).
Types of Liens
What Is the Statute of Limitations on Liens in Georgia?
How to Create a Lien on Someone’s Property in Georgia
How to Get Rid of a Lien on My Property in Georgia
Removing a claim of lien can be a long and complicated process. The following options are available to you, however:
- Negotiations with the creditor: A settlement can be reached through arbitration, mediation, or informal discussions.
- Pay your debt: You would need to file a Release of Lien form as evidence of the paid debt.
- Court order: Removing the lien through a court order is possible if the lien was placed illegally through fraud, coercion, bad faith, etc. Ensure that you have evidence proving the illegality.
- Chapter 7 Bankruptcy: Only certain types of liens, such as judicial liens, are eligible for Chapter 7, and they may only be enforced for a limited period.
- Expiry: Allow it to run out. If the statute of limitations has expired, the lien can be removed and viewed as unenforceable.
Consult with a trustworthy property attorney to review any legal documents that need to be filed or handled before you remove the lien.
Does a Lien on a Property Affect the Buyer?
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