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How To Get Rid Of A Judgement Lien. How To Remove A Judgement Lien From Your House

Published on January 21, 2024

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Understanding Judgement Liens

When it comes to selling your house, one potential obstacle you may encounter is a judgment lien. A judgment lien is a legal claim against your property that occurs when a court grants a creditor the right to place a lien on your home due to an unpaid debt. This lien can significantly impact your ability to sell your house, as it must be addressed and removed before the sale can proceed.

Steps to Remove a Judgement Lien

If you have a judgment lien on your house and want to sell it, here are some steps you can take to remove the lien:

  1. Review the judgment: Start by reviewing the judgment and ensuring that it is accurate and valid. Mistakes can happen, and if you believe there is an error, you may be able to challenge the judgment in court.
  2. Pay off the debt: The most straightforward way to remove a judgment lien is by paying off the debt in full. Contact the creditor or the attorney representing them to negotiate a settlement or establish a payment plan. Once the debt is satisfied, the lien can be released.
  3. File a motion to release: If you have already paid off the debt but the lien has not been released, you can file a motion with the court to have the lien removed. Provide proof of payment and any relevant documentation to support your case.
  4. Apply for a lien release bond: In some cases, you may be able to obtain a lien release bond. This involves purchasing a bond that guarantees payment to the creditor in case the debt is not satisfied. The bond essentially replaces the lien and allows you to proceed with the sale of your house.
  5. Seek legal advice: If you are unsure about the best course of action or facing difficulties in removing the judgment lien, it is advisable to consult with a real estate attorney who specializes in these matters. They can guide you through the process and provide expert advice tailored to your situation.

Impact on Selling Your House

A judgment lien can have a significant impact on selling your house. It creates a cloud on the title, making it challenging to transfer ownership to a buyer. Most buyers are unwilling to purchase a property with a judgment lien, as it poses a potential risk to their investment.

Additionally, even if you find a buyer willing to proceed with the sale, the judgment lien must be satisfied before the transaction can be completed. This means that the proceeds from the sale will first go towards paying off the debt and releasing the lien. Only after the lien is removed can you receive the remaining funds from the sale.

Therefore, it is crucial to address any judgment liens on your property as soon as possible to avoid delays and complications when selling your house.


Dealing with a judgment lien can be a complex and time-consuming process. However, by understanding the steps involved and seeking the necessary assistance, you can successfully remove the lien and proceed with selling your house. Remember to review the judgment, explore payment options, file necessary motions, and seek legal advice when needed. By taking these actions, you can ensure a smooth and hassle-free sale of your property.

How To Appeal An Unjustified Withholding Of Security Deposit Funds 19 . How To Resolve Conflict With A Landlord Regarding Property Damage

When tenants abandon their property, South Dakota landlords should first assess the damage left behind. If the damage is more extensive than typical wear and tear, the landlord may be justified in withholding security deposit funds.

However, if there is no evidence that the tenant caused extensive property damage, then it would be unfair for a landlord to withhold security deposit funds. In such cases, tenants should take steps to resolve any conflict with their landlord.

First, they must document all conversations and communication between them and their landlord regarding the dispute over security deposit funds. Second, tenants should reach out to a local housing authority or legal aid office for help in understanding their rights as tenants under South Dakota law.

Finally, they should consider filing a claim against their landlord at small claims court if they feel that they have been wrongfully denied security deposit refunds. By taking these steps, tenants can ensure that they are fairly compensated for any unjustified withholding of security deposit funds by their landlords.

What Are The Abandonment Laws In South Dakota?

In South Dakota, landlords must understand the abandonment laws when a tenant leaves their property. According to state law, a landlord may presume abandonment if the tenant has been absent from the premises for more than 15 days without notifying the landlord or paying rent.

If a landlord believes that the tenant has abandoned their property, they can enter the unit and take inventory of all items left behind. The landlord should document any damage or missing items and take photos to use as evidence if needed in court.

To proceed with legal action against the tenant, landlords must file an Unlawful Detainer action with the court in order to obtain possession of the property and initiate eviction proceedings. Additionally, landlords are responsible for disposing of all personal belongings left behind by their tenants according to South Dakota Abandonment Laws.

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Property Specialist |

Emily Hutzner, a seasoned property expert, is your ultimate guide to successful house sales. With years of legal and real estate experience, she simplifies complex property matters, ensuring a smooth and informed selling process. Connect with Emily on for expert advice and seamless property transactions. Sell your house with confidence, backed by Emily's expertise.

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