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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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

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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.

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!

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.

In some states, if the property is the sole homestead of the owner, a lien can only be valid on the property if the person/company placing the lien had been contracted for services to the property itself and the money is owed for those services or if the lien is a mortgage lien/home equity lien. Any other liens are considered invalid and can be dismissed simply by the person filing Declaration of Homestead and Notice of Invalid Lien with the clerk of the courts and to the person/company who filed it.

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Originally Posted by s_cianci

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. ...

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I disagree. If OP's judgment lien was recorded before the refinancing paperwork, the lien takes priority. The OP could sell the property without paying off the new, refinanced loan and the financial institution did OP a "favor" by paying off the pre-existing loan. That's the reason one gets title insurance upon refi. The title company, if all is in order from OP's point of view, will end up paying.

Again, I urge you to see an attorney about harvesting your money.

This thread is from 2007. OP has not returned in that time.

As already noted, the property was refinanced - not sold or transferred. I see nothing illegal done here. The lien still exists on the property and must be paid off before the title can be transferred to anyone else's name.

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Originally Posted by this8384

This thread is from 2007. OP has not returned in that time. ...

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*sigh"

Why must SOBs like Anathera "waste my time" like this? :mad: