NEW YORK STATE:
This is a continuation of another post, A collection agency failed to renew a judgement (on my realestate) after 10 years. 5 months later I sold the property. They did renew the judgement/lien 10 months after it expired, got a judge to sign a seize and sell order via sheriff's dept. then the title insurance company paid the lien the day before the sale at the courthouse
Now it is my understanding according to case law study that the period of time between a lien expiring and when it is renewed and refiled is considered null & void and looses its pecking order to any other actions taken on the property during that time. Our lawyers (buyer & seller) and the title insurance company all looked at the lien and deemed it null & void and held the closing (via mail) with no monies held in escrow for 1 year for this judgement/lien.
Now 2 years later the title insurance company is threatening to sue me for the money they dished out for this judgement. I feel the collections agency acted inappropriate/illegal as did the judge that signed the order but the title insurance thinks its easier to come after me than subpoena everyone that was involved and spend time & money going after the collections agency. can anyone steer me in the right direction on what to do? FYI the original judgement was filed underhanded also, i never owed that company any money and had the receipts to prove it.What is the name of your state (only U.S. law)?
This is a continuation of another post, A collection agency failed to renew a judgement (on my realestate) after 10 years. 5 months later I sold the property. They did renew the judgement/lien 10 months after it expired, got a judge to sign a seize and sell order via sheriff's dept. then the title insurance company paid the lien the day before the sale at the courthouse
Now it is my understanding according to case law study that the period of time between a lien expiring and when it is renewed and refiled is considered null & void and looses its pecking order to any other actions taken on the property during that time. Our lawyers (buyer & seller) and the title insurance company all looked at the lien and deemed it null & void and held the closing (via mail) with no monies held in escrow for 1 year for this judgement/lien.
Now 2 years later the title insurance company is threatening to sue me for the money they dished out for this judgement. I feel the collections agency acted inappropriate/illegal as did the judge that signed the order but the title insurance thinks its easier to come after me than subpoena everyone that was involved and spend time & money going after the collections agency. can anyone steer me in the right direction on what to do? FYI the original judgement was filed underhanded also, i never owed that company any money and had the receipts to prove it.What is the name of your state (only U.S. law)?