Release of Judgment Lien - Full Release

State:
Multi-State
Control #:
US-OG-541
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Word; 
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Description

Release of Judgment Lien - Full Release

Definition and meaning

The Release of Judgment Lien - Full Release is a legal document that allows a judgment holder to officially release a lien that has been placed against an individual or entity's property. This release indicates that the debt associated with the judgment has been satisfied, removing the encumbrance from the property. It is essential for clearing the property title and restoring full ownership rights to the property owner.

How to complete a form

To complete the Release of Judgment Lien - Full Release form, follow these steps:

  1. Fill in the state and county where the original judgment was filed.
  2. Provide the original principal sum of the judgment along with any additional attorney's fees, costs, and interest.
  3. Enter the date the judgment was recorded and the names of the parties involved, including the judgment creditor and debtor.
  4. Ensure to include the cause number and the court that issued the judgment.
  5. State the effective date of the release.
  6. Sign the document in the presence of a notary public.

Who should use this form

This form is suitable for individuals or businesses that have previously been awarded a judgment against another party and wish to formally release any claims against the debtor's property. It is particularly useful for judgment creditors who have received full payment or settled on the debt, ensuring that the debtor's assets are free from the encumbrance of the judgment lien.

Common mistakes to avoid when using this form

When completing the Release of Judgment Lien - Full Release, consider avoiding these common errors:

  • Failing to include the correct state and county where the original judgment was recorded.
  • Not providing the accurate principal amount of the judgment, as this could lead to legal disputes.
  • Leaving out necessary dates, such as the date of acknowledgment or effective date.
  • Having incomplete or incorrect signatures, as notarization is crucial for the validity of the release.

Key components of the form

The Release of Judgment Lien - Full Release form includes the following key components:

  • Judgment Holder Information: Details regarding the individual or entity releasing the lien.
  • Judgment Details: Information pertaining to the original judgment, including amounts and recording dates.
  • Release Statement: A declaration that the lien is being released due to satisfaction of the underlying debt.
  • Acknowledgment Section: A section for notarization to confirm the identities of the signatories involved.

What to expect during notarization or witnessing

During the notarization process of the Release of Judgment Lien - Full Release form, you can expect the following:

  • The notary public will verify the identities of the signers through valid identification.
  • Signers will be required to acknowledge that they are signing the document willingly and understand its contents.
  • The notary will then complete their section of the form, affix their seal, and provide their signature, confirming the authentic execution of the document.
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FAQ

In most cases, getting a judgment release will require you to pay off the debt, including any interest and court costs. Once the final payment is received by the lender, they will issue the judgement release. It is also possible to get a judgement released by making special arrangements with the lender.

You will need one original, notarized copy for the judgment debtor. If you recorded an abstract of judgment to place a lien against the debtor's real property, you will need an original, notarized copy of your Acknowledgment of Satisfaction of Judgment (EJ-100) for each county where you placed a lien.

Contact the creditor that filed the lien. Make payment arrangements if you cannot pay in full. Pay the lien amount in full or as agreed. Request a satisfaction of lien. File the satisfaction of lien if mailed to you. Consult a bankruptcy attorney.

The defendant should ask for a letter confirming that the entire amount of the judgment has been paid. He or she may do so by sending a demand letter to the plaintiff. The release and satisfaction form is filed with the court clerk and entered into the case record.

A judgment may allow creditors to seize personal property, levy bank accounts, put liens on real property, and initiate wage garnishments. Generally, judgments are valid for several years before they expire. The statute of limitations dictates how long a judgment creditor can attempt to collect the debt.

A document signed by the party who is owed money under a court judgment (called the judgment creditor) stating that the full amount due on the judgment has been paid.

If the judgment creditor does not immediately file an Acknowledgement of Satisfaction of Judgment (EJ-100) when the judgment is satisfied, the judgment debtor may make a formal written demand for the creditor to do so. The judgment creditor has 15 days after receiving the debtor's request to serve the acknowledgement.

The debtor must get a discharge or release of the abstract of judgment to remove the lien from the home. Contact the judgment creditor shown on the abstract. Arrange to pay the debt in full or negotiate payments. Ask the creditor for a discharge if paying in full.

In order to vacate a judgment in California, You must file a motion with the court asking the judge to vacate or set aside the judgment. Among other things, you must tell the judge why you did not respond to the lawsuit (this can be done by written declaration).

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Release of Judgment Lien - Full Release