We were awarded a judgement in 2015 and filed a lien against the debtors home. The debtor passed away January of this year. The wife was not part of the judgement and our management has decided we will release the lien on her home. Is this something you can help me with or do I have to contact the original attorney we used?
Hello,
A lien release can be drafted by anyone. Contact Levelset and they should be able to provide you with a simple release of lien document even if it is for a judgment lien.
In the event they cannot help, my office can quickly create such a document.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com
With a copy of the judgment and the abstract of judgment (likely the lien to which you refer), about any litigation or construction attorney can prepare the paperwork for you.
Or, you can ask the wife to have her attorney prepare the release of lien.
Please note that even a judgment creditor cannot claim a legitimate lien against a debtor's homestead property. A property is a person's homestead if they own the property and live there.
You may be able to lay claim to the debtor's estate.
Retain an attorney to evaluate your legal position and to provide advice.
Good luck.