How do you get a lien lifted off property when the company is no longer in business?

Around 10 years ago or so, I was living at my mom's and had vinyl siding financed in my name for her. They transferred the land & home into my name for financing purposes. This debt was paid off years ago - we never even knew they had put a lien on it. The company is out of business, and my mom is trying to sell that home & move another one on her property. We do not have any documentation, and cannot find anything on my credit report to prove it was paid. The salesman is telling us it is a 14 year lien and we have 4 years to go. We are in Texas. Is there anything we can do - my mom & aunt live with me - there is no way I can wait 4 years for them to move. They are on a fixed income and this is their only option because they already have land. Please help!

The new bank will not process the loan without a clear title. The debt was paid, but we don't have the paperwork any longer. We never knew about the lien, and we never thought the home would be sold.

I would initiate a lawsuit against company, for SLANDER OF TITLE. That would force them to come to court to validate this lien which is called a mechanical lien or contractor's lien. If they don't show up( which must likely will be the case), judge should remove lien that is unenforceable. I definitely think an attorney should be able to take care of this pretty easy! Good Luck!

Check laws in your state for SLANDER OF TITLE.

Too bad in Texas you have to prove that the lienholder or claimant maliciously and for no apparent reason refused to release the claim or lien in order to claim slander for title. Going out of business doesn't qualify. Report It

And the lien is NOT removed if they "don't show up". And since they are "out of business" you are going to serve and sue .... who?

Filing a quiet title action is what is best in your situation. Report It

Talk to a reputable realtor or real estate attorney about clearing the title.

if you had to put the property in your name for a loan there would be a lien
as you must have paid the loan off early they should've sent you a discharge but a lot of loan companies don't do that unless you ask for one
there's a chance the bank which is lending the money for the new mortgage may disregard the lien as the company is gone now

You have a couple of options:

1) Talk to the title company and describe the situation. See if they will remove the lien from the title work given that the company is out of business.

2) Get an attorney.

I suspect you are going to have to do #2, but try #1 first.

If the title company can't help and the bank won't budge, the only other option is to see if a REAL ESTATE ATTORNEY can help you.

I know you said you had no documentation, but is it possible your bank (or credit card company) could provide evidence of your paying the amount in question?

Good luck!

I handle situations like this all the time, only in NJ. Perhaps the process is similar there.

You probably can file what is called an action for "quiet title". Your lawyer can explain the process to you.

Or ... If the siding company used or assigned their financing to or through a bank, you may be able to follow the banks successors in order to get a discharge, which you can then have recorded.