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    mylilacres's Avatar
    mylilacres Posts: 3, Reputation: 1
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    #1

    Jun 20, 2013, 08:22 AM
    Removing liens on your home in Alabama
    A credit Card put a lien on my home, I didn't know it until I went to refi. I have been paying them for 2 years on time every month. The company or law firm dropped the case and gave it to another firm. When I told them to give me a new contract of how much I owe etc. they told me 5000$ That was what I started at. I told them I only owe 1000$ and some odd $. I said I became disabled that is why I had a hard time paying my debt. They dropped the case. I had no one to pay. So I called Discover they gave me another # to call they told me a lawyer would get in touch, nobody has and its been 2 months. They reported me late payments to my credit but didn't report 2 years on time. These people can't work in my state that is why they have to hirer another firm. I am not going to start all over again on payments. I need to remove the lien so we can refinance to lower our payment and get things fixed on our home.How can I get that lien off my home.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Jun 20, 2013, 09:31 AM
    They must have gotten a judgment against you at some time. Were you aware of this judgment? Do you know how much the lien is for?
    mylilacres's Avatar
    mylilacres Posts: 3, Reputation: 1
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    #3

    Jun 20, 2013, 02:22 PM
    Quote Originally Posted by ScottGem View Post
    They must have gotten a judgment against you at some time. Were you aware of this judgment? Do you know how much the lien is for?
    I was not aware of the judgment until I tried to refinance. I owed 9000 and paid 7000 and 1285 is still held by the court that they wiped out my bank account all at once even my 9 year olds savings. So, I don't owe them anything and this new law firm is trying to say I owe 5000. Lawyer fees and % but in the court documents it didn't say anything about any % rate being added. He keeps say look at the paperwork the judge sets it. I talked to the judge he said he doesn't set it and he doesn't and can't remove the lien. I am stuck if I don't pay what they want. But I refuse to pay them more than I owe.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #4

    Jun 20, 2013, 02:28 PM
    If you won't settle for less than the lien the lien will not be removed and you will not be able to refinance. It's as simple as that - perhaps you find that unreasonable, but that's how it works. It's gone to Judgment. There is no reason for the creditor to settle for less.

    If you are saying you were never served you could try to set the Judgment aside and the case will be reheard. I doubt you'll be successful if you did nothing when your bank account was emptied and your child's account was seized.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #5

    Jun 20, 2013, 02:32 PM
    You can try filing a counter suit to remove the lien on the grounds that you have paid off the judgment. If you can prove it, you can win. Otherwise you can't ref without paying the lien.
    mylilacres's Avatar
    mylilacres Posts: 3, Reputation: 1
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    #6

    Jun 20, 2013, 07:21 PM
    Quote Originally Posted by ScottGem View Post
    You can try filing a counter suit to remove the lien on the grounds that you have paid off the judgment. If you can prove it, you can win. Otherwise you can't ref without paying the lien.
    Thank you, but how to do this without a lawyer? I don't have the money to get one. Can I use and file the release of debt form or whatever its called. I can't remember. I can prove I paid it. I showed the judge but he really didn't say anything. Everyone just keeps saying get a lawyer its not that easy when you live on a limited income and your trying to get out of debt your roof is leaking and your plumbing was done wrong and now have raw sewage under your home, your electric keeps flickering and you find its not up to code and the seller never got permits when they remodeled the home. I could go on and on. And then you are suffering in pain and disabled with children under 11. I just want to cry, I can never get out of all this. My poor kids, I'm afraid I will loose them if anyone finds out we are living like this.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #7

    Jun 21, 2013, 03:12 AM
    It depends on where you are located. You may be able to file in Small Claims court. Ask at your county Registrar of Deeds.
    JudyKayTee's Avatar
    JudyKayTee Posts: 46,503, Reputation: 4600
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    #8

    Jun 21, 2013, 07:37 AM
    Please answer my question - how/why were you not aware of the Judgment. You were never served?

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