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    OkGirl1294's Avatar
    OkGirl1294 Posts: 1, Reputation: 1
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    #1

    Jul 9, 2013, 11:13 AM
    Property Lien in Oklahoma
    A propery lien was placed on my mothers house about 2 years ago. In researching this, the amount of the lien is a combo of an unpaid credit card and repo'd car. Both through Wells Fargo about 3 years apart. Card obtained in 2003 (balance abour $2300.00)and car 2006 (balance about 9600.00). The collection company, out of Arkansas, combined the accounts and filed through court as credit card only. Is this legal?

    Also, she is in the process of filing for Homestead Exemption, will this lien keep that from happening?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #2

    Jul 9, 2013, 03:42 PM
    ... collection company, out of Arkansas, combined the accounts and filed through court as credit card only. Is this legal?.
    Can they sue her for two different debts in one lawsuit? Most probably. However if they are claiming the balance on the vehicle loan is a credit card debt, and it isn't, they would have to amend their complaint to make it correct. But what difference does it make in the long run?

    ... Also, she is in the process of filing for Homestead Exemption, will this lien keep that from happening?.
    No. Just because she files for a homestead exemption doesn't stop them from filing a lawsuit against her. However it might prevent them from executing on the home, if and when the get a judgment.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Jul 9, 2013, 10:01 PM
    I will ask, do they already have the lien, and already have a judgement, why did she not fight it then, I am not sure, if there is a lot she can do , two years after a lien is filed
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