incorrect lien on property

[atlaswv]

California
Hello,
An attorney put a lien on our property for someone else's credit card debt. how can I fight this? I Fedex-t a letter to them demanding the removal of the lien, but have not
received any answers. so far they have not returned my phone call either.
thank you very much for your help!
atlaswv

 

[PayrollHRGuy]

Google "Slander of Title". You might want to contact a lawyer to at least write them a letter.

 

[atlaswv]

Thank you... also, I previously informed them that the we are not the ones with the debt... letters and calls keep coming...can I sue them for harassment? and... Can I file a complaint with the state?

 

[Zigner]

What do you believe the reason is for this mixup? Are you somehow related to this "someone else"?

 

[quincy]

What sort of time is involved (e.g., when was the lien placed on the property; when did you discover the lien)?

 

[atlaswv]

What do you believe the reason is for this mixup? Are you somehow related to this "someone else"?

Yes, he is my father in law who moved back to Europe 8 years ago

 

[quincy]

Yes, he is my father in law who moved back to Europe 8 years ago

Does he own the home?

 

[atlaswv]

What sort of time is involved (e.g., when was the lien placed on the property; when did you discover the lien)?

I received the letter at the end of January 2019, so I'm trying to be proactive about it

 

[atlaswv]

Does he own the home?

not at all!!! and his ss# is very different than mine or my husband..... we made the mistake back then, to let him live with us for 2 weeks, so his last address shows our address.... on top of that, his name is almost the same as my husband's....

 

[quincy]

Are you trying to sell the house currently or refinance the house?

 

[atlaswv]

Are you trying to sell the house currently or refinance the house?

No, but this would ruin our credit... furthermore, I don't want this to be forgotten and then come back to us when we do want to sell in the future..

 

[quincy]

No, but this would ruin our credit... furthermore, I don't want this to be forgotten and then come back to us when we do want to sell in the future..

You are smart to be dealing with this now. It is just good that you will not be pressed for time by having a house sale or refinance to worry about.

This sounds like a simple case of mistaken identity but this mistake should never have occurred. The debt collection agency failed in properly doing their homework (due diligence).

Because you have suffered no apparent harm yet, you can probably get this resolved and the lien lifted without a lawsuit. A formal letter (best if drafted by an attorney) to the agency's attorney should be all that is necessary.

 

[atlaswv]

You are smart to be dealing with this now. It is just good that you will not be pressed for time by having a house sale or refinance to worry about.

This sounds like a simple case of mistaken identity but this mistake should never have occurred. The debt collection agency failed in properly doing their homework (due diligence).

Because you have suffered no apparent harm yet, you can probably get this resolved and the lien lifted without a lawsuit. A formal letter (best if drafted by an attorney) to the agency's attorney should be all that is necessary.

Thank you so much for your help, I hope this will be resolved without further problems... thanks again!

 

[Zigner]

not at all!!! and his ss# is very different than mine or my husband..... we made the mistake back then, to let him live with us for 2 weeks, so his last address shows our address.... on top of that, his name is almost the same as my husband's....

How "almost" the same? Anthony/Antony? William/William Jr.?