lein on property after satisfaction of judgement

[amyjeans]

What is the name of your state (only U.S. law)? Connecticut
I have a court documented satifaction of Judgement on an outstanding debt. We paid it off through the collection agency.
Now I see that this original creditor placed a lein on our property.
Can they do this with a satisfaction of judgement?
thank you for being kind in your response.

 

[TinkerBelleLuvr]

What did they do when you called/wrote them? I would send letter with a copy of the satisfaction of judgment to them.

 

[Jeran]

What is the name of your state (only U.S. law)? Connecticut
I have a court documented satifaction of Judgement on an outstanding debt. We paid it off through the collection agency.
Now I see that this original creditor placed a lein on our property.
Can they do this with a satisfaction of judgement?
thank you for being kind in your response.

This is why, whenever possible, it is best to deal only with the Orignal Creditor, and not pay through a collection agency.

But yes, mail the original creditor a copy of the satisfaction of judgment from the court by certified mail and ask to remove the lien from your property.

 

[justalayman]

was the original creditor the plaintiff and resulting judgment creditor on the judgment or was the debt sold to a debt buyer who subsequently sued you?

when was the lien recorded in respect to the original suit on the debt and the receipt of the recorded satisfaction of the judgment (it is recorded, right?)?


while they cannot maintain a lien such as you describe, when, how and why it was placed could simply be that it is either in error or has not been removed yet.


btw: if the lien was filed after the recording of the satisfaction of judgment, you have a possible suit against the creditor for slander of title of your property.

 

[amyjeans]

Thanks for the replies. (sorry for the spelling... Lien, not Lein!)

The satisfaction was placed June 30, 2011.

the lien was placed on July 14, 2008. So it was placed while I was paying off the debt.

12/29/2004 was when we were sued. this was an unsecured debt, too. We responded and had our checking account debted every week until 2011.

And the lien was not for the full amount of the debt.

Thanks.
aj

 

[amyjeans]

This was not the original creditor who placed a lien. Erin capital Management placed it.
Original creditor was Whitehall Jewelers, who sold it to Erin Capital Management for collections, who then hired Howard Lee Schiff PC to sue us.. We paid Schiff weekly.

 

[amyjeans]

my appologies! Yes, it was recorded, I printed it out from the court site and will send it to them with a letter requesting the remove the lien.
Is it that simple?
thanks
aj

 

[justalayman]

This was not the original creditor who placed a lien. Erin capital Management placed it.
Original creditor was Whitehall Jewelers, who sold it to Erin Capital Management for collections, who then hired Howard Lee Schiff PC to sue us.. We paid Schiff weekly.

Thanks for the replies. (sorry for the spelling... Lien, not Lein!)

The satisfaction was placed June 30, 2011.

the lien was placed on July 14, 2008. So it was placed while I was paying off the debt.

12/29/2004 was when we were sued. this was an unsecured debt, too. We responded and had our checking account debted every week until 2011.

And the lien was not for the full amount of the debt.

Thanks.
aj

so, there is nothing wrong with the lien since the judgment creditor is who placed the lien. It was placed while the judgment was still unpaid so it is a valid placement.


so, you call Erin and tell them they need to remove the lien. If they don't, you head to court to seek an order to require Erin to remove the lien.

just out of curiosity, did the amount of the lien happen to coincide with the outstanding balance of the judgment when the lien was placed?

 

[amyjeans]

so, there is nothing wrong with the lien since the judgment creditor is who placed the lien. It was placed while the judgment was still unpaid so it is a valid placement.


so, you call Erin and tell them they need to remove the lien. If they don't, you head to court to seek an order to require Erin to remove the lien.

just out of curiosity, did the amount of the lien happen to coincide with the outstanding balance of the judgment when the lien was placed?

The amount was no where near how much the original debt was. the debt was 11k, the lien was 3300$. We did NOT settle, that I am aware of.

 

[justalayman]

realistically the amount of the lien doesn't matter as long as it was not for more than the judgment. They could have applied for a lien for $1 if they chose simply to place the lien on the property. The lien itself would generally turn prospective buyers and loaning entities away from dealing with the home should you consider selling it.


Beyond that, it would appear the lien was placed more than halfway through the period from obtaining the judgment and you obtaining the satisfaction of judgment. If you paid equally and regularly, that would mean they would have been owed somewhere south of $5500. Starting to sound like the balance at the time, or thereabout, the lien was filed. They would not have a valid justification to place a lien for the entire judgment because you had paid some of it. They could only apply for a lien for what they were actually owed, or less, at the time of the application for the lien.

 

[amyjeans]

sorry to ressurect this thread. I wrote to ERIN Capital certified mail. Received no confirmation of the mail-or aknowledgement from them. How do I see if the lien has been removed?

 

[justalayman]

Where did you learn the lien was there to start with?

Generally a lien is recorded along with your deed at the gov entity that maintains such records. In my state it is the Register of Deeds office of the involved county. Many states call it the County Recorder's office.

 

[amyjeans]

We were served recently and the documents stated they had a Lien.

 

[justalayman]

Served? By whom and for what?

 

[amyjeans]

Foreclosure.