McKinney Lien Disputes Law Firm
Lucé Evans Law provides legal assistance to creditors and debtors involved in lien disputes. Our real estate attorneys in McKinney and across North Texas are vastly experienced at resolving complex property disputes. Whether you are attempting to get a lien removed from your home or require security against an unpaid debt, we can help. Contact us now for a free legal consultation.
What Is a Property Lien?
Unlike an eminent domain claim, a lien is a legal claim a creditor holds over the property of a debtor. Most liens are public records, and state that the holder of the lien has a right to part or all of the property if repayments are not fulfilled. Property liens may be voluntary or involuntary.
- Voluntary lien – The most common example of a voluntary lien is a mortgage. A homeowner enters into an agreement with the lender to repay a loan. If repayments are not made, the lender can take possession of the home.
- Involuntary lien – Called a judgment lien, this could involve a dispute over payment for construction or renovation work on your home. Contractors or subcontractors may file a claim whether the homeowner is aware of a payment dispute or not.
An Overview of the Lien Dispute Process
If a lien has been incorrectly filed against your property, our real estate attorneys can help execute a release. In many cases, individuals or businesses are unaware a lien exists. At Lucé Evans Law, we can help you identify the type of lien you are facing and create an effective resolution. Our attorneys can make a formal demand for lien removal through a summary motion and other legal approaches.
We also work with creditors to place a lien on a property and protect their legal right to recover outstanding debt. Our attorneys will obtain a court judgment and then place a lien to secure the property as collateral for the debt. If you are a lender, contractor, supplier or spouse, our attorneys are dedicated to meeting the needs of every client.
Common Questions About Lien Disputes
It is possible to sell a home with a lien on it, but the process is more complicated and the value may be substantially lower. It is advisable to speak to our attorneys about removing the lien before selling the property.
A judgment lien expires after 10 years, whereas a mortgage lien remains until the debt is repaid.