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By filing a judgment lien, if the debtor sells any non-exempt property, the creditor may be able to get all or some of the money owed from the proceeds of the sale. A judgment lien lasts for ten years.
Through a deed of release of mortgage, also called a release of deed of trust, the lender agrees to remove the deed of trust, which is the document containing all of the mortgage's terms and conditions that is filed at the beginning of the mortgage process.
To remove or clear a Lien on Texas property, the person or entity claiming the Lien needs to sign a document releasing the Lien. The document is usually called a Release of Lien, Lien Release, or a Deed of Reconveyance.
When a deed of trust/mortgage is paid in full, you can record a Full Reconveyance from the trustee stating publicly that the loan has been paid. The Full Reconveyance Form is completed and signed by the trustee, whose signature must be notarized.
For an electronic lien title (also known as ELT), the lien will be released from the state's records to the address on file, this may take between 3-4 weeks. If applicable, the Texas Department of Motor Vehicles (DMV) will produce your paper title and mail it to your address on file with the DMV.
Typically, it's the responsibility of the seller to pay off the lien on his or her property on or before the day of closing. Most liens are paid off from the proceeds of the sale at the time of closing.
Deed of Trust The trustee (someone other than the buyer and the lender) gets the deed and technically owns the property while the loan exists. The trustee cannot sell the property unless the borrower defaults on the loan. The trustee transfers the property to the buyer when the borrower repays the loan.
Either way, your lien documents take minutes to prepare and file ? no lawyer needed! Here are samples of the documents we provide. Subcontractors are required to file a pre-lien notice either before or when they file a mechanic's lien.