September 10, 2024
How do I remove a lien from my property?
Dear Consumer Ed:
A lien was placed on my condo, which I believe is invalid. How do I make sure this lien is removed and never shows up on my credit report?
Consumer Ed says:
A lien is a legal claim to secure a debt, and it may encumber real property, such as a house or land. There are several types of liens that can be put on a person’s real property, including unpaid tax liens, HOA liens, condominium association liens, and mechanic’s liens.
State Tax Lien - The Department of Revenue may place a state tax lien (also known as a state tax execution) if taxes you owe are overdue and in the collection process. This lien will be cancelled when the delinquent taxes have been paid or when the matter is otherwise resolved. If the taxpayer believes the lien was filed in error, he or she may contact the Department of Revenue to request that the tax lien be withdrawn.
Ad Valorem Tax Lien on Real Property - County or city tax commissioners may record a lien against real property you own if your annual property tax bill is not paid on time. Once the lien is recorded, it can be cancelled by payment of the outstanding unpaid tax, along with applicable fees, penalties and interest. Additionally, after the recording of a lien, the tax commissioner has the right—after sending you notice—to sell your property at a public auction, with the proceeds used to satisfy the outstanding tax bill. If such a sale occurs, there is a twelve-month period during which any legally-interested party may reverse the sale by reimbursing the purchaser’s bid amount, plus additional taxes, any special assessments on the property, and a 20% premium. Called a "redemption" of the property, it puts the title conveyed by the tax sale back into your name and re-imposes all the other liens that existed at the time of the tax sale.
Homeowner/Condo Owner Association Liens - If your home is part of a homeowners’ association (HOA) or condominium owners’ association (COA) and you fall behind on your association fees, the HOA or COA can put a lien on your home. If you request it, the association must provide a statement showing the amount of any past-due assessments, plus any late charges and interest. The HOA or COA may also foreclose, although notice is required for foreclosure. In Georgia, the sole form of notice required is the recording of the covenants, conditions and restrictions or the Declaration of Condominium.
Mechanic’s Liens - If you recently hired someone to do home repairs or improvements, such as a general contractor or sub-contractor, the provider may place a lien on your house if you do not pay them for the work. For more information about mechanic’s liens and how to remove them, visit consumered.georgia.gov/your-home/home-improvement/liens-against-your-home.
If you are concerned about a lien placed on your home, you should consult a private attorney.
If you are concerned that an invalid lien is harming your credit, you can contact the credit reporting agencies (Experian , Equifax and TransUnion) to dispute the lien and request that it be removed from your credit report.
Submit your own question to Consumer Ed. Remember…we do not give legal advice. Always consult a lawyer about legal issues.