Section 1240-02-05-.12 - RELEASE OF LIEN(1) At any time after the child support obligation has been paid, the person holding title to the property on which the lien is placed may request the Department to release the lien. If the Department does not release the lien within sixty (60) days of the request, it shall be liable for court costs in any action to remove the lien if the obligor is the prevailing party.(2) The Department may cause the issuance of releases of liens by:(a) Filing the release with the register of deeds or any other appropriate state or local office as provided under any method authorized pursuant to law;(b) Recording the release of the lien by electronic means as provided by T.C.A. § 36-5-907 on the same internet application as the Department utilizes pursuant to T.C.A. § 36-5-901 for the establishment of liens; or(c) Provision by the Department of copies of the release of liens to any person or entity requesting a release for filing or recording of the release by that person or entity or to release. The copies of the release may be conveyed by facsimile transmission, and may be in such form as Department may prescribe. If a facsimile transmission is utilized pursuant to this paragraph, it shall be supplemented by a copy of suitable quality if the facsimile's quality is not adequate for purposes of recording by the Register of Deeds or other appropriate official. The obligor is responsible for all costs to have the release filed if necessary.Tenn. Comp. R. & Regs. 1240-02-05-.12
Original rule filed December 18, 2001; effective March 3, 2002.Authority: T.C.A. §§ 4-5-202;36-5-901 et seq.; 36-5-907, and 36-5-912.