Statute Of Limitations For Judgement Lien On Home Has Expired (Tennessee)

[succeed]

Hello. I'm gathering info for sale of my home in the near future. There is a judgement lien against my deed/home from a collections agency. The judgement was awarded in 2008. In Tennessee, the statute of limitations on judgement liens expires at ten years. I'm wondering if this will have to play out through the court in order to get the lien removed, or if the collections agency could sign off on a release form and allow me to avoid that (which seems unlikely). Any information is appreciated. Thank you.

 

[zddoodah]

If the lien is expired, neither of those things should be necessary.

 

[succeed]

It does appear to have reached the statute of limitations. I'm not sure if it's upon the Register of Deeds to determine that and remove the lien, though. From what I can tell, the Register of Deeds simply holds records that make it through the process to them.

 

[quincy]

Hello. I'm gathering info for sale of my home in the near future. There is a judgement lien against my deed/home from a collections agency. The judgement was awarded in 2008. In Tennessee, the statute of limitations on judgement liens expires at ten years. I'm wondering if this will have to play out through the court in order to get the lien removed, or if the collections agency could sign off on a release form and allow me to avoid that (which seems unlikely). Any information is appreciated. Thank you.

Was there an extension of time granted on the judgment?

Here are links to Tennessee’s Rules on Execution on Judgments/Realty (Rule 69.07) and on Extension of Time (Rule 69.04):

https://www.tncourts.gov/rules/rules-civil-procedure/6907

https://www.tncourts.gov/rules/rules-civil-procedure/6904

 

[succeed]

Was there an extension of time granted on the judgment?

Here are links to Tennessee’s Rules on Execution on Judgments/Realty (Rule 69.07) and on Extension of Time (Rule 69.04):

https://www.tncourts.gov/rules/rules-civil-procedure/6907

https://www.tncourts.gov/rules/rules-civil-procedure/6904

No extension was filed for that I can tell. Thank you for the info links.

 

[quincy]

No extension was filed for that I can tell. Thank you for the info links.

I would check first to see if the judgment and lien were extended. If so, the judgment potentially could be paid off out of the proceeds from the sale of your house.