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#1
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Headache over old lienWhat is the name of your state? Oregon I'm trying to refi after divorce,(final Feb. 2007) An old lien is still on the homes title (awarded to me). It was from my ex,( then husband). Ex had filed for bankruptcy,(seperate from me) was completed in march of 2006. I went to his lawyer and asked why is it still there, he said for a fee he would file more paperwork to get rid of it. He never had a satiafactory reason as to why it was still there. This was back in May. I waited until Oct. to begin the refi. Only to find out the lien is still there He sent me a letter claiming he had to file again because the lien had been bought by another outfit. I knew this back in may from doing my own research!! How do I hold this lawyer accountible for his actions or lack of? I want him to document every move he makes but how do I exactly demand this? Can i do any checking in public records? I trusted him once before and he failed. He has caused me great stress. My ex acrued debt again in the 4 months before the divorce and I worry about a new lien. Thank you in advance. |
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#2
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| If you are savvy you can pop down to the court house (or wherever land records are filed in your area) and look for liens, etc... A title company can do a more exhausted search and even insure their findings. What is this lien? Is this a secured loan (mortgage)? A bankruptcy doesn't wipe that out and an award of the house means little to you if he doesn't clear any old notes. Was that in the terms of the settlement? You may need to go back to the divorce court on that one. |
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#3
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| My (now) ex had bought a car on his own in 1999. He defaulted and let it be repossed. The finance company went thru legal procedures and a lien was placed on our mortgage. When my ex filed bankruptcy, I understood it was included in the debts. I dont remember specific instuctions from my divorce attorney about the lien situation because I believed it was resolved. I will re-read my divorce papers. What is the process to, "Clear the old note?". What is a good source to educate my self so if I have to deal with attorneys again I can be more "Savvy!' ? |
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