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indylady · Apr 12, 2009, 08:42 AM

Hello out there! Any help about this topic would be appreciated... I own 2 houses. My daughter lives in one of them. She filed bankruptcy back in 2005. Just recently she decided to apply to buy the home she has been living in from me. Everything is approved and then out of nowhere the title company says there is a lien on MY house from Capital One for approx $3400 against my daughter. She is not on the deed, title or anything, she basically just rents the house at this point. Neither one of us has ever had an account with Capital One. After doing some research on the internet she found that Cap One has several other companies associated with them. One of the creditors she filed BK against was Beneficial Financial for around $2900. That is the only thing I can figure that this lien came from. We found this all out late Friday and it's driving me crazy and really did not want to wait till Monday to get answers. Can this credit company file a lien against my property for her debt? That was included in a Bankruptcy? That I was never notified of the lien ever? I live in Indiana if that make a difference... Thank you!

Xyzpdq0121 · Apr 12, 2009, 09:06 AM

Ummm... Ya, they can file a lien on the property for any reason that they want. You need to go to the county and tell the clerk that this is not your debt and that it needs to be removed. You also need to tell the company that this lien needs to be removed since it is not yours. Failure to comply can land the company in hot water.

ScottGem · Apr 12, 2009, 10:33 AM

If a lien is filed against a property, for unbsecured debt, then there has to be a judgement authorizing it.

Talk to the title company, this is part of their job, to help clear any liens that are not valid.

caphill · Apr 12, 2009, 02:12 PM

Originally Posted by indylady

Hello out there! Any help about this topic would be appreciated....I own 2 houses. My daughter lives in one of them. She filed bankruptcy back in 2005. Just recently she decided to apply to buy the home she has been living in from me. Everything is approved and then out of nowhere the title company says there is a lein on MY house from Capital One for approx $3400 against my daughter. She is not on the deed, title or anything, she basically just rents the house at this point. Neither one of us has ever had an account with Capital One. After doing some research on the internet she found that Cap One has several other companies associated with them. One of the creditors she filed BK against was Beneficial Financial for around $2900. That is the only thing I can figure that this lien came from. We found this all out late Friday and it's driving me crazy and really did not want to wait till Monday to get answers. Can this credit company file a lien against my property for her debt? That was included in a Bankrupcy? That I was never notified of the lien ever? I live in Indiana if that make a difference...Thank you!

Unless you cosigned for the debt with your daughter, I would think this was an improper lien against your property and would have to be removed. When you daughter filed bankruptcy was the debt to Beneficial one that was to be discharged? If this was not discharged, then the creditor might be able to come back after settlement when the title is tranferred to your daughter and place the lien against her.