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Home > Law > Other Law   »   Lien on property.

 
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Old Aug 4, 2007, 10:19 AM
deborahartgallery
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Lien on property.

Hello,

I won a judgement and put an lien on her property, so can someone tell me how she able to get refinancing on that same property without paying me the money that she owes me?

Also, did the finance company break any law by ignoring the lien that was placed on her property?

What are my recourses from here on?

Thank you,
Deborah

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Old Aug 5, 2007, 03:00 AM   #2  
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Quote:
Originally Posted by deborahartgallery
Hello,

I won a judgement and put an lien on her property, so can someone tell me how she able to get refinancing on that same property without paying me the money that she owes me?

Also, did the finance company break any law by ignoring the lien that was placed on her property?

What are my recourses from here on?

Thank you,
Deborah
If your lien was filed correctly, then refinancing should have been impossible without first satisfying your lien or resolving the issue first. Not sure if the finance co broke any laws but looks to me as though your atty is the one who needs to give you help with the next step.
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Old Aug 5, 2007, 03:02 PM   #3  
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Lien on Property.

I've put a lien on the person's property that I've won a judgement on and the lien was not honored by the finance company and she was able to get refinanced.

Can I force her property to be sold at auction by the State for her not paying me?

Thank you!!
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Old Aug 5, 2007, 03:12 PM   #4  
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No. Getting refinanced is different from selling the property. Granted, I'm a little surprised that any mortgage company would willingly refinance her without the lien being satisfied, but strictly speaking it's not illegal for them to do so. Perhaps it fell through the cracks when the title search was run. You may want to find out if the lien is properly recorded in the county clerks office and, if you find out that it isn't, take whatever steps are necessary to have it properly recorded.
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