Jump to content

etkl

Members
  • Content Count

    3
  • Joined

  • Last visited

  1. I was responding to LegalwriterOne's comment in the 4th post that "those liens remain in effect until a full release is filed". As I stated above, and as you apparently agree, unless renewed, "those liens" are no longer in effect after 20 years, irrespective of whether a full release is filed.
  2. I am a criminal defense attorney and I have just been engaged to determine whether the client can do anything to lift a lien on real property arising from an ancient federal judgment of conviction. Contrary to the advice given above with regard to the duration of a lien recorded in connection with a federal criminal order of restitution, I believe that such a lien, unless renewed, is effective for at most 20 years. While there is no limitations period for collection of restitution, a lien arising from a restitution order "continues for 20 years or until the liability is satisfied, ..." 18 USC Section 3613. While this provision is ambiguous as to whether the lien remains in effect after 20 years if the liability remains unsatisfied, 28 USC Section 3201 (c) provides that unless renewed, a lien created under a judgment lien is effective, unless satisfied, for a period of 20 years." See also cross reference to IRS Code Section 6323(f).
  3. I am a criminal defense attorney and I have just been engaged to determine whether the client can do anything to lift a lien on real property arising from an ancient federal judgment of conviction. Contrary to the advice given above with regard to the duration of a lien recorded in connection with a federal criminal order of restitution, I believe that such a lien, unless renewed, is effective for at most 20 years. While there is no limitations period for collection of restitution, a lien arising from a restitution order "continues for 20 years or until the liability is satisfied, ..." 18 USC Section 3613. While this provision is ambiguous as to whether the lien remains in effect after 20 years if the liability remains unsatisfied, 28 USC Section 3201 (c) provides that unless renewed, a lien created under a judgment lien is effective, unless satisfied, for a period of 20 years." See also cross reference to IRS Code Section 6323(f).
×
×
  • Create New...