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How can we have this invalid unlawful lein removed?

How can you fight a false lein by mistaken identity due to the courts not double checking ssn and such before submitting the judgement? The finance company admits they filed in error to the wrong person's. But,we have yet to get it lifted so we can finish the sale of the property and get the remaining payment. The persons that is actually to have the judgement is my husbands dad which they share the same name minus the middle name.

1 reply

Jan 7, 2020

One option for getting a mistaken lien removed may be to force the lienor to remove the lien themselves. Generally, liens that are obviously improper should be released by the lienor - particularly if the lien will damage an innocent third party. So, demanding that the lien be released or else legal claims will be made for damages might be helpful in forcing a lienor to release their own lien. If the claimant has lost a judgment on the lien, their refusal to follow that judgment could also lead to additional damages for an owner. If there's already a judgment in hand, though, it should be relatively easy to use that judgment to get the lien released without any cooperation from the lienor needed. Unfortunately, however, I don't have much experience with removing liens in Indiana - so, it may be helpful to consult a local Indiana real estate attorney to determine how best to use the judgment to force the removal of the lien claim.

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