who must remove a lein from title

Hi Guest!

Welcome to the forums!

Before closing on the house, you should ask the earlier owner to pay off the lien and give you a lien release certificate. If you don't do that and buy the house, you may then have to pay the lien. It's always better to buy a house which has a free and clear title.

Feel free to ask if you have further queries.

Sussane

is there no lawyer involved in this transaction? that lien should have been identified and resolved long before you went to closing. the lien must be paid for by the previous owner, and the creditor would need to issue a release of that lien, which can then be filed with the appropriate agency to clear up the title.

i am in the final stage of my refinance and the underwriter won't sign off as the citi bank of south dakota placed a lien against the title one day befor i filed for bankruptcy back in may 2004. the citi bank of south dakota amount was include in the bankruptcy when the bankruptcy was discharged back in august 2008. my refinance company suggested that i talk with the bankruptcy lawyer i had back in 2004 and see if a lien avoidnace can be filed to remove the lien. also is this something i can do or does the lawyer need to do it.

thank you

Hi

As far as I know a lien cannot be removed from the property at this point. Paying it off is the only way to remove it. However, you should consult your attorney and see if it can somehow be avoided.