Close Menu

A lien is a legal claim on your property, often due to unpaid debts like mortgages, taxes, or other financial obligations. When a lien is placed on your home, selling it becomes more difficult, if not impossible, until the debt is settled. The good news is that there is a process for dealing with and removing home liens and restoring clear title to your property. The Law Office of Charles A. May is here to help you navigate the complex world of home liens in Orange County, Los Angeles and throughout Southern California. We will advise you on your options and find an effective solution that works for you. Contact our lawyer today for a free consultation.

Types of Liens That Can Affect You

Several types of liens can be placed on your home, each with its own set of challenges:

  1. Mortgage Liens: These are the most common and are essentially the mortgage itself. So long as you owe money on the mortgage, the lender has the ability to foreclose on your property if you fail to keep up with payments.
  2. Tax Liens: These can be imposed due to unpaid property taxes or income taxes.
  3. Judgment Liens: If you lose a lawsuit, a judgment will be entered against you. Creditors have many ways to deal with unpaid court judgments, including securing a lien on your property.
  4. Mechanic’s Liens: These arise when you don’t pay for home improvement services. More than likely, the contract you entered with the roofer, house painter, electrician or other company included a mechanic’s lien clause among its provisions.

How to Discover if There Is a Lien on Your Home

Knowing is half the battle. Property liens are public records, which means they are accessible to anyone, including potential buyers of your property. Here are some ways to find out if your home or a house you are intending to purchase has a lien against it:

  • Public Records: Visit the local county recorder’s office or its website.
  • Property Report: Order a property report online, which will include lien information.
  • Title Search: These are routinely performed during the home buying process, but you can request one at any time.

Steps to Remove a Home Lien

Removing a home lien is usually not simple, but having a law firm like The Law Office of Charles A. May by your side can make the process more manageable. Here are the general steps:

  1. Negotiate with the Lien Holder. Sometimes, you can negotiate to pay less than the outstanding debt, especially if the lien has been in place for an extended period.
  2. Settle the Debt or Dispute the Lien. If negotiation is not an option, you will need to settle the debt in full. Alternatively, if you believe the lien to be incorrect, you may need to go to court.
  3. Obtain a Lien Release. After settling the debt, the lien holder will provide a lien release, which you will need to file with the county recorder’s office.
  4. Verify Lien Removal. Always check that the lien has been removed from public records to avoid future complications.

Bankruptcy can be another effective tool for dealing with and removing home liens. When you file for bankruptcy, the court institutes an automatic stay that halts all activities to collect a debt, including filing or pursuing lawsuits or securing judgments through liens, wage garnishments, or other means. While the stay is in place, we can work to remove the lien if the underlying debt is dischargeable in bankruptcy, or help you cure the default by moving the debt into a payment plan.

Why Choose The Law Office of Charles A. May

Removing a home lien is a complex legal process, and it comes at a time when you are likely overly stressed due to financial problems and too much debt. At The Law Office of Charles A. May, we are deeply familiar with California real estate laws, and we can guide you through each step of the lien removal process, as well as deliver overall debt relief with tools such as Chapter 7 or Chapter 13 bankruptcy. With our firm by your side, you have the legal support and knowledge you need to tackle this challenging situation.

For help with home liens and other debt issues in Orange County, Los Angeles and across Southern California, call The Law Office of Charles A. May, and let us help you take the first step toward resolving your lien issues and other financial difficulties.

Share This Page:
Facebook Twitter LinkedIn