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View Full Version : Lien on home/c.c debt


scaredone
Mar 12, 2007, 09:02 AM
The law office of Harold E.Scherr in Jacksonville Florida(Duval County) has taken over a credit card debt .The original creditor was MBNA.It was turned over to several different collection agencys throughout time.The last one to get this was Harold E. Scherr.Ive received tons of letters,Even had an old black man hand deliver one in a limosine to my front door. This bad debt is in my name only,my husband is not on it.As of today's date... Ive went online to our countys clerk of courst web site. They have a judgement aggianst me. Less than a month ago I was sent copies of court records from law office of Harold E. Scherr.In his company enevelope,over the top of his business envelope is a sticker with a return address that says (Chambers of John A. Moran County Court Judge Duval County Courthouse Jacksonville Fl,32202) In the envelope are several pages. Telling me I have to give them information on every bank account,savings accounts,401k accounts,all assets,Mortgage company name address etc... EVERYTHING! Everything we have is 100% in my husbands name except our mortgage. Im on the mortgage as co not primary account holder. I got a letter from Harold E. Scherr last week telling me that if there's no response he's putting a lien on our mortgage. With me not as primary on the mortgage, Can he take our home? Can he have me arrested? 2006 was a very dramatic yr. for me. My mom passed 01-03-07 I had a business,lost that.. Sence June 06 I became a house wife. Actually helped my Dad care for my mom(he's disabled) Financially this house hold has and is in process of falling apart. We're getting this home ready to sell. We can not afford it. For almost a year know we're late paying our mortgage.I get it paid just before the 30 day past do thing. Im scared to death! I can't afford to hire someone to help. Ive gotten our lights cut off twice in 7 months.Mr.Scherr states I owe 5,772.10 on principal, 577.21 for attorney fees,costs in the sum of 291.00, and prejudgement interest in the sum of 1,897.57,making a total of 8,537.88, that shall bear interest at the rate of 9.00% a year, for which let execution issue. PLEASE I NEED ADDVICE! Can they come to my home and pad lock our doors? Take our home,Put me in Jail? PLEASE HELP! Sincerely, SCAREDONE!!

Fr_Chuck
Mar 12, 2007, 09:24 AM
Hello

First they can't send you to jail, they don't have debtors prisons anymore.

Next yes they may be able to put a lien on your home, but that is not the same as foreclosure, all they can do is put a lien on it, so if and when you sell it, they will get paid before you get any money.

Can that can stop you from selling it, if their lien and your mortgage is more than you will sell the house for, since they have to be paid off at the time it is sold.

So what is the worst that can happen? You can't sell the house and if you get behind with the real mortgage company they can foreclose.

They want the names of all the banks, so they can freeze all the money in them, so if you have money in them get it out.

gabecrawford
Apr 24, 2007, 11:12 AM
I have received a default judgement and an order to pay. We have guarnasheed the bank accounts but there was no money available. How do I put a lien on the debtors home? I am in Canada.

rmtvb
Mar 11, 2010, 01:53 PM
There are people who have had issues with this law firm, but I found them to not be a problem to deal with. I called them, and they wanted a $300 per month payment. I told them I could only afford less than half that. They agreed to $127 per month. They also stopped the interest from accumulating (though I still had to pay what had accumulated up to that point). My husband lost his job, then found one in another state; we moved, and I was unemployed for a few months. During that time, I was unable to pay. They began accumulating interest again. Once we were both employed again, I called them to set up another payment schedule. They again stopped the interest accumulation. They set up an automatic draft from my account, which they have done regularly and for the agreed-upon amount. I now have one partial payment left with them next month and it will be taken care of. I'll be asking them to be sure they report it to the credit bureaus that the debt is paid in full and will follow up to be sure they do this. My advice would be to call them and talk to them and see if you can set something up so they don't put a lien on your mortgage. Be prepared to tell them an actual amount you feel you can pay. Perhaps when your financial situation improves, you can pay a bit more each month.

rmtvb
Mar 11, 2010, 01:53 PM
There are people who have had issues with this law firm, but I found them to not be a problem to deal with. I called them, and they wanted a $300 per month payment. I told them I could only afford less than half that. They agreed to $127 per month. They also stopped the interest from accumulating (though I still had to pay what had accumulated up to that point). My husband lost his job, then found one in another state; we moved, and I was unemployed for a few months. During that time, I was unable to pay. They began accumulating interest again. Once we were both employed again, I called them to set up another payment schedule. They again stopped the interest accumulation. They set up an automatic draft from my account, which they have done regularly and for the agreed-upon amount. I now have one partial payment left with them next month and it will be taken care of. I'll be asking them to be sure they report it to the credit bureaus that the debt is paid in full and will follow up to be sure they do this. My advice would be to call them and talk to them and see if you can set something up so they don't put a lien on your mortgage. Be prepared to tell them an actual amount you feel you can pay. Perhaps when your financial situation improves, you can pay a bit more each month.