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View Full Version : Adding or Deeding over my real Estate will prevent future Liens?


rajaimrankhan
Sep 23, 2008, 11:10 AM
Hi ! I am going through some very hard and bad circumstances in Life . I am getting Liens on my only house with some land ( real estate ) . If I add a family member onto the Deed will that prevent any future Liens ? Or if I trust my family members that I just deed over the whole property already with some Liens, will it prevent any future Liens if I am no more the owner of it? I have to save my only home for my kids and family.

If any liens were put on without my knowledge and without any effort to contact me ! Are those Liens valid ? Can I challenge the court for doing so in my absence and without any effort to contact me ?

I have before the end of September 2008 to deed over or add a family member whichever saves me from any more future Liens ! Please try to assist me ASAP. Thank You !

Khan

rockinmommy
Sep 23, 2008, 04:40 PM
What are the liens for? I believe the only kinds of liens that can be attached to a homestead in most states are property-related. Like if you had a contractor do work to the house and didn't pay him.

These things differ from place to place. Where are you located?

Do you know if the liens are attached to judgements from a court?

rajaimrankhan
Sep 23, 2008, 09:40 PM
The liens are mainly from credit card bills to which I never received any mail or any effort to contact me, I just found out the liens were done by the , at the court house. Actual balance increased to 200% and 30% interest rate. Same thing is happening again and actual balance owed raised to 200+% and I have a week left to submit proof of all that I own. State of Florida , Bay county. Can I just deed it over to my mother and brother ? And escape this ? Or just adding their names with mine on deed can prevent any further liens ? Thank you !

Fr_Chuck
Sep 23, 2008, 09:51 PM
No you can not just give it away to hide it from creditors. This would be fraud if they prove it was not really sold, merely transferred to hide it.

rajaimrankhan
Sep 23, 2008, 10:09 PM
What about the Fraud that takes place at the Courts , Not informing me and doing it behind my back and then jacking up the actual amount owed and the insurance that I had from same company that never honored it ! Anyway Thank You !

rockinmommy
Sep 24, 2008, 06:42 AM
Ok. Once again...

Do they have judgements against you? If they have actual judgements and you were never served notice of the hearings that were held for them to obtain those judgements then you go back to the court and demand proof of service for starters. If they can't prove that you were properly served notice of the hearings (so you would have had a chance to go defend yourself.)

Chances are they'll just sue you again, but at least it will buy you some time to attempt to get things straightened out.

ScottGem
Sep 24, 2008, 06:52 AM
First, I know Florida has homestead laws that restrict attaching or placing liens against one's primary residence. Second, a lien is an encumbrance placed on property to prevent the transfer of ownership until the lien is satisfied. So you can't transfer ownership in total or in part until you pay off the lien.
Third, a lien for unsecured debt can't be placed without first obtaining a judgement. Are you saying you were unaware that you had judgements against you? Once judgements are obtained they do not have to inform you of any liens placed or attachments. There is no fraud on the part of courts here.

If you were never informed of being sued, you can go back to the courts that issued the judgements and ask that they be vacated on the grounds of improper service since you were never informed of the suits in the first place.

Of course the creditors will just refile, but at least you will have the chance to get a hearing and maybe fight them.

JudyKayTee
Sep 24, 2008, 06:55 AM
What about the Fraud that takes place at the Courts , Not informing me and doing it behind my back and then jacking up the actual amount owed and the insurance that i had from same company that never honored it ! Anyway Thank You !



I'm confused about what happened.

A Judgment was taken against you and you were never served with any papers? You were charged interest beyond what the law allows?

Was it a stolen card but the insurance you had to cover theft didn't pay the balance?

Need more info -

What other fraud did the Court commit?

froggy7
Sep 24, 2008, 07:43 AM
I will say that based upon this thread and the other one about his (ex?) wife kidnapping his kids while he lives under a bridge, barely able to eke out a living, it might be that the OP has some issues that are beyond the help of people on this site, and need to be dealt with by professionals. And that those issues may very well be why the kids are currently with their mother.