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How to remove a lien from a property

| Jun 2, 2021 | Uncategorized |

For many homeowners in Pennsylvania, their house is the biggest asset they will own in their entire lives. People spend a significant portion of income and time investing in their homes for their own comfort and future economic benefits when they sell the property.

Unfortunately, those trying to sell a property or refinance it can sometimes run into complications. If there is an outstanding lien on the title to your property, you may have trouble securing a title insurance policy and may not be able to move forward with a refinancing attempt or sale until you address a lien against the property. How can a homeowner get rid of only affecting their ownership rights?

You can file an action to quiet title

Perhaps there is a record of the mortgage that the previous owner had on the property which got paid in full as part of your purchase transaction. Maybe there is a mechanic’s lien from when you had the furnace replaced several winters ago, but you have proof that you have paid the debt in full.

Finding an inaccurate blemish or lien on your title can slow down a real estate transaction and cause a lot of stress. Whether the debt is old, inaccurate or already resolved, a lien on your title won’t just go away unless you take action.

Pursuing a quiet title action is an efficient means of removing inaccurate liens from the title of your property. It can help in cases of liens that should have been removed and in situations involving fraudulent documents leading to a lien on the property.

What happens during a quiet title action hearing?

Unlike many other court cases, a quiet title action hearing involves a judge reviewing the evidence, not a jury. The plaintiff is the individual who owns the house and wants to correct the title. If the judge believes that the evidence supports their claims, they can rule in favor of the plaintiff, effectively eliminating the liens.

As you might guess, court cases involving issues with real estate titles can be complex, but pursuing a quiet title action may be the most expedient way to resolve the blemish on your title.