Easiest and Cheapest Way to Remove Expired Lien From Propert

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Latest post Mon, Feb 21 2011 11:57 PM by adjuster jack. 3 replies.
  • Mon, Feb 21 2011 5:05 PM

    • Raymo
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    Easiest and Cheapest Way to Remove Expired Lien From Propert

    I want to sell a house however there is an expired lien against it which was filed in 2000.

    Does anyone know the statutes of limitation in New Mexico since I have contacted some lawyers and the are evasive or never return my calls.

    I would like to know the process to get rid of the expired lien.

  • Mon, Feb 21 2011 5:48 PM In reply to

    Re: Easiest and Cheapest Way to Remove Expired Lien From Propert

    What kind of lien?

    Different statutes apply to different liens.

    The last time I answered this type of question it was for a mechanic's or tradesman's lien and it required filing a petition in court to get the judge to write an order releasing the lien, which then gets recorded.

    I'll be able to look it up for you when you describe the lien.

    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
  • Mon, Feb 21 2011 8:52 PM In reply to

    • Raymo
      Consumer
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    • Joined on Mon, Feb 21 2011
    • NM
    • Posts 2

    Re: Easiest and Cheapest Way to Remove Expired Lien From Propert

    The lien was put on the property after a flim flam man gave my elderly mother a song and dance about how beutiful her house would look with new siding. The company misrepresented her income and value of the house, inflated each one by about 300-400%. When we realized what had happened I advised my sister to call the contractor and cancel the job which she did. The contractor then put a lien on the house for $4495.00 was over inflated for what they did, paint w's on the walls with a different color paintwe went to the New Mexico Attorney General where w found out this same company had done the same to at least 12 other elderly people yet they didn't feel it merited their time to pursue it.I feel that is why the lien was never renewed. 

  • Mon, Feb 21 2011 11:57 PM In reply to

    Re: Easiest and Cheapest Way to Remove Expired Lien From Propert

    New Mexico statutes require that the lien claimant file a lawsuit to perfect the lien within two years of filing the lien.

    See 48-2-10 at:

    http://law.justia.com/newmexico/codes/2009/chapter-48/article-2/

    And 48-2-9 at the same link addresses petitioning the court for an order cancelling the lien.

    I did a quick internet search but could not find a sample petition so you will have to figure out how to do it yourself or get some legal help.

    I did come across a list of cases in Bernalilo County District Court that included one case where someone included a petition to cancel lien:

    • Express Investments Inc. v. HD Supply Inc. Voluntary dismissal (complaint for quiet title, for damages and punitive damages, for slander of title, and petition to cancel lien).

    If you are in or near Bernalilo County you can visit the courthouse, examine the case file and get a copy of the petition and use the format for your local court and change the wording around to suit your mother's situation.

    If that doesn't work out for her, she might be able to get some free or low cost legal help from one of the following resources: http://apps.americanbar.org/legalservices/probono/directory/newmexico.html
    • The right of the people 
    • to keep and bear arms,
    • shall not be infringed.
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