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Expert: - 12/20/2011


Question
As an Ohio resident I have had more than one lien placed on my personal residence. Some of them are old (and possibly dormant) and most of them were placed without merit. I did not challenging them at the time they were perfected.  When does a lien become dormant?  How do I challenge the improper liens and/or remove those that are dormant?
Thank You so very much.

Answer
HI Kevin,

First and foremost, I am in Utah and not Ohio but a lot of the rules are similar. For clarification purposes, a lien being placed against your property from a judgement means that you got  sued for whatever reason and lost. The judgement then attaches to any real property and will remain there until you deal with it for up to 8 years in Utah. Other states are 6 to 7 years. You will need to find that out for yourself. In order to get that off of title you will need to either settle with them and most of the time they will settle for 10 to 20 cents on the dollar, or you can sue them back to get them to remove it. The best time to stop those from being placed is before they are placed their. In order to get them off of there after the fact requires some negotiation or that you just wait it out.

If you are past the 8 year mark or whatever that is in your state, then you can have the title company pull a title report and they will be able to remove those that are too old. That's a standard thing for them. They will also be able to tell you what your statute of limitations is in your state. In this situation a good title company will be your best friend. I hope that that helps.

Brian

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Brian Pitcher

Expertise

I can answer all questions related to Residential Real Estate. In particular I am an expert in the loss mitigation side. I meet with multiple homeowner on a weekly basis and guide them through the issues of being upside down on their mortgage and what they can do to better it. I can answer questions on Loan Modifications, Short Sale, Foreclosure, Strategic Default, Deed in Lieu. I can also answer questions on the buyer/investor side of things in regards to homeownership or home flipping. I can also answer questions regarding the 1099C or cancellation of debt that homeowners get from a short sale or a foreclosure.

Experience

I run a team of agents called the Pitcher Group, out of Salt Lake City. We specialize in Short Sales and helping sellers get out of tough situations. We have closed over 100 short sales in the past 3 years with our team. I also am an owner of a Short Sale Negotiation company that helps process short sale transactions for Real Estate Agents all across the country. I understand the investment side of Real Estate as I have bought and sold many rental type homes over the years. I also rehabilitate homes and flip them. We usually have 1 to 3 properties going at any given time. Our completion time from bought to sold is usually less then 4 months.

Organizations
I am a member of the national Association of Realtors on the national level and the Salt Lake board of Realtors on the local level. I am a member of the Short Sale Specialist Network as well as multiple short sale mastermind groups locally and nationwide.

Publications
The Short Sale Specialist Network www.savemyutahhome.com The Truth about Short Sales, Loan Modifications and Foreclosures (an ebook that I wrote)

Education/Credentials
Bachelors Degree from the University of Utah in Spanish with an emphasis in Economics. Specialized and on going study of loss mitigation tactics revolved around the banking industry and real estate including FDIC.

Awards and Honors
Bronze Home sales award in 2008 for Keller Williams Gold Home sales award in 2009 For Keller Williams Triple Gold Home sales award in 2010 For Keller Williams Triple Gold home sales award in 2011 For Keller Williams Top Sales agent individual award in 2010 For Keller Williams I have been asked to speak and teach other realtors how to handle short sales for Keller Williams International and also at my local board of Realtors.

Past/Present Clients
I have over 100 successfully closed short sale transactions.

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