[maryanneg2]

Hi. To make a complicated story short, I refinanced my house last year to keep it because me and my ex were getting a divorce and to get his name off the deed. I just found out recently that the title company did not have us sign the right deed at the time and I needed it corrected. So I finally just got my ex to the table (because he gave me such a hard time earlier in the year) to resign new deed by the company but I also found out that a judgment has been placed against my ex for a credit card because he did not show up for court in honor of it and the new deed probably wasn't recorded in time to have his name fully removed off it.

So what does this mean, the judgment and when can a credit card company place a lien on the property if he continues to not deal with the matter? This has been a really upsetting experience for me with dealing with this title co. and I feel that I should be able to sue them if there is a lien placed on my property and his name was still on it because they messed up in the first place. I heard that I cannot attempt to hire a lawyer until I have some kind of monetary damage so to speak to prove on my property. All of this was out of my control. And by the way I'm from philadelphia, pa if that makes a difference.

So if you can educate me or offer any advice on what to do with this matter, that would be great. I seriously doubt my ex is attempting to work anything out with the credit card co. either. But none of this would be a concern had the title co. done their job right.

Thank you

[mr.yet]

Did you obtain title insurance for the first time it was supposed to be transfer?

[maryanneg2]

You mean when I refinanced? Yes, I'm sure I did.

[mr.yet]

I would call the Title Insurance company, and file e claim against to have the judgment remove do to the error of the title company. They areto deliver youa good title and they fail to do so.

You can start there, you may have to file suit against the ex to pay the judgment so that it will be removed.

Some suggestions to start with.

[Fr_Chuck]

Time to hire a real estate attorney not related to the transfer,

You have claims with your title insurance, a suit against the title company or attorney who did the transfer, a suit against your ex if he will not just sign the new paperwork, ( and other depending on the type of deed that was given you)

And you can file a motion for quiet title (to remove a lien that is incorrect)
Since the deed you filed removing him, was to be valid and paperwork error caused it not to be.

But you will have to get one that is aggressive and will go after them.

[maryanneg2]

Yeah, but do you know how long it would take and what it would take before this credit co. capital one puts a lien on the property? Is it something that takes a long time or can it happen rather quickly and what is the way to find out? Thanks

[Fr_Chuck]

Ok, who has said they are going to put a lien, while they can in many states, a lien is about the last thing they want to do,

If they have a judgement it takes about 10 min to file a lien, but normally credit card companies want a garnishment or attachment of bank accounts not a lien that can take forever to collect on.

If there is no lien and no intent of a lien filed, then you can get the new deed filed, once filed they could not place a lien on it.

[reesy]

Can zombie debts place a lien on my property