Expired Judgment Lien on property - Need to get it released to clear title

[The Hobbit]

What is the name of your state? KY

I have a judgment lien on my property from a previous owner that is now expired. The 15 year statute of limitations ran out this past February. Here in KY the judgment cannot be renewed. My attorney stated "If you wish to take some action you would sue the lien holder and get an order of release. App cost $1000.00" Ouch!

I will go to the courthouse and do a title search to find out the current owner of the expired judgment lien. Can't I get the lien released in a less expensive way without suing the current lien holder? Is there anything that I can do myself at the courthouse, etc. to clear my title?

Please advise how to best proceed.

--Thanks in advance

[seniorjudge]

Originally Posted by The Hobbit

What is the name of your state? KY

I have a judgment lien on my property from a previous owner that is now expired. The 15 year statute of limitations ran out this past February. Here in KY the judgment cannot be renewed. My attorney stated "If you wish to take some action you would sue the lien holder and get an order of release. App cost $1000.00" Ouch!

I will go to the courthouse and do a title search to find out the current owner of the expired judgment lien. Can't I get the lien released in a less expensive way without suing the current lien holder? Is there anything that I can do myself at the courthouse, etc. to clear my title?

Please advise how to best proceed.

--Thanks in advance

double post

asked and answered here:

[url]http://forum.freeadvice.com/showthread.php?t=360579[/url]

[The Hobbit]

Since the circumstances have changed substantially in my favor since the older (and now irrelevant) post, I feel it should be a new and concise post for a new issue. I have deleted the entire older thread....

Thanks anyway for the feedback.

[nextwife]

If it's expired, why is the title company calling for it's satisfaction?

Normally, they'd just fail to show an expired, non-renewed judgment and make no requirements regarding it.

[The Hobbit]

Originally Posted by nextwife

If it's expired, why is the title company calling for it's satisfaction?

Normally, they'd just fail to show an expired, non-renewed judgment and make no requirements regarding it.

The expired former lien holder has never contacted me since I bought my house back in 1999. I just need to get the expired lien released for a clear title. Maybe I could ask the current lien holder in a polite manner to send me a lien release document, since it is over and done with as far as they are concerned. If they are not willing to cooperate with me, I wonder what my next step should be to get a clear title to sell my house in the near future?

I certainly wish that there was some kind of consumer protection law that would require an automatic lien release like motor vehicles already have in KY. ( It's too bad that I don't have a proactive and effective Attorney General like Bill Lockyear or Elliott Sptitzer in my state of KY).

Please advise.

--Thanks in advance

[nextwife]

You don't get it. An expired document doesn't NEED to be released. When the title company writes up their commitment to insure titled, they would normally exclude from their requirements any expired matters. If it does not affect title anymore, they would insure by ommission. Call whomever is insuring your sale and ASK if they will insure over the matter before spending a lot of time of something that is probably not necessary to insure good title.

[beta]

An expired lien should not require any suit or court intervention. Just contact the lien holder and ask them to release the lien, due to expiration. Sometimes it is just an oversight on their part. On the other hand if the lien is not expired, there is not much you can do except pay it. If the lien was placed due to a court judgement, you can't remove it unless you pay an attorney to re open the case (all at your expense< I might add). It would hardly be worth it, and a Judge will more than likely not over rule the initial decision.

[seniorjudge]

Originally Posted by beta

An expired lien should not require any suit or court intervention. Just contact the lien holder and ask them to release the lien, due to expiration. Sometimes it is just an oversight on their part. On the other hand if the lien is not expired, there is not much you can do except pay it. If the lien was placed due to a court judgement, you can't remove it unless you pay an attorney to re open the case (all at your expense< I might add). It would hardly be worth it, and a Judge will more than likely not over rule the initial decision.

As nexie correctly pointed out, there is nothing to release, based solely on the facts posted by the original poster: ...I have a judgment lien on my property from a previous owner that is now expired. The 15 year statute of limitations ran out this past February. Here in KY the judgment cannot be renewed....