Wyoming, Texas, and Mississippi are the only states that require a person signing a lien waiver to have it notarized. The notarization requirement does not apply in Washington and Oregon, the two states we primarily serve at Northwest Lien.
If there truly is no one with the legal authority to release the lien, then the remedy lies with the court. The property owner will need to file a lawsuit to quiet title. There are unique challenges involved with suing a defunct entity, but an experienced real estate attorney will be able to navigate those challenges.
A payoff request allows a third party to receive the current balance due to release a lien or facilitate a business transfer (bulk sale transfer or liquor license). To release a lien or facilitate a bulk sale transfer, businesses must be in good standing to receive a payoff request.
Obtaining a Lien Release 1 Confirm the FDIC has the authority to assist with a lien release. 2 Compile Required Documents and Prepare Request for a Lien Release. 3 Register/Mail request to FDIC DRR Customer Service and Records Research.
It depends. If the court has invalidated the lien then it could be instantaneous. If you need to contact the “lienholder ” and negotiate then it could take as long as it takes. Unless the courts have invalidated the lien it will be up to how fast the “lienholder” moves.
In most cases, the lien holder (the lender in this case) should send the release to be recorded within 30-90 days. If you aren't sure what the requirements are in your area, reach out to your real estate agent, title agent, or real estate attorney for guidance.
You may request the above information by contacting us by phone at: 1-844-614-9088, or by mail at: , P.O. Box 30285, Salt Lake City, UT 84130-0285.