questions & answers

Question: We found we have a lien on our property from12/22/06 and it should have been removed but it wasn't and now the company is out of business so how do we go about removing it never went to court on it it supposedly for a bond to release my son from jail on 12/22/06 recorded 01/05/2007 bt we find no court record that my son was in jail those days I have already checked all his criminal records and neither me or my wife remember this transaction

Answer:

You have some options with this situation. Under Arizona Revised Statute (ARS) 33-420, if you a have a lien that is either wrong, fraudulent, or inaccurate, you have some potential relief. Briefly, if someone records a lien against your property and it meets one of the criteria stated in ARS 33-420, they may be liable to pay $5000 or up to triple any actual damages. In some cases you can recover attorney fees. First, step would be to contact a real estate attorney and determine if the lien meets on of the criteria. The attorney will be able to help guide you through the process. If a resolution cannot be reached, typically you would need to file a “quiet title action.” This will help clear the title to your property.

Here is the link to the ARS with the statute in question.