How can a judgment lienholder release a lien against a residence?

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A judgment lienholder can release a lien against a residence through a release of a recorded instrument. This legal document formally declares that the lien—initially placed on the property to secure a debt or obligation—has been satisfied or extinguished. Once this instrument is recorded with the appropriate local government office, it provides clear public notice that the lien no longer encumbers the property. This is crucial for the property owner, as it allows them to sell or refinance the property without the burden of the judgment lien.

Recording the release is essential because constructive notice alone does not actively clear the lien; it merely indicates something that has happened or exists. Similarly, an affidavit of release is typically a sworn statement used in other contexts but is not the formal mechanism for release. A waiver form does not apply directly to the release of a lien, as it often pertains to relinquishing some right or claim but does not serve the purpose of clearing a title.

By using a release of recorded instrument, the lienholder provides an official and legally recognized means to relieve the property from the encumbrance of the lien, thus ensuring that future transactions regarding the property can proceed without issues tied to that judgment.

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