Leins/Judgements on Personal Property

[tsholt]

I have been making additional payments on my mortgage for almost 2 years now due to some payments that got behind during a bad financial period. Now my mortgage company is willing to refinance the mortgage which will lower my payment almost $250/mo - however during a title search I found out that there are 2 leins on my house from old creditors. The leins are over 10 years old. Is there anyway to have these removed? If I go back to the creditors they may reinstate the leins for another 10 years or so I have been told. These debts should have been paid by my ex but he filed bankcruptcy and the creditors came after me because I had purchased a house.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by tsholt:
I have been making additional payments on my mortgage for almost 2 years now due to some payments that got behind during a bad financial period. Now my mortgage company is willing to refinance the mortgage which will lower my payment almost $250/mo - however during a title search I found out that there are 2 leins on my house from old creditors. The leins are over 10 years old. Is there anyway to have these removed? If I go back to the creditors they may reinstate the leins for another 10 years or so I have been told. These debts should have been paid by my ex but he filed bankcruptcy and the creditors came after me because I had purchased a house.<HR></BLOCKQUOTE>

You should also get a copy of your credit report to see if there are any other outstanding credit accounts, liens, judgements etc. that may not have appeared on your title report. Your title subject line is incorrect because the liens are not on personal property but real property or real estate. If the 2 liens you have asked about are only your ex's then you can not be held responsible. For example a credit card or loan only in his name. If the liens are a result of a joint credit account or loan or any credit account/loan cosigned by you, you are responsible. There is an innocent spouse theory but since you mentioned the ex's bankruptcy it is a moot issue.

[This message has been edited by HomeGuru (edited June 02, 2000).]

 

[Tracey]

You should also check your state's lien laws. Many liens must be 'foreclosed' within a certain time or they expire and become uncollectable. If the liens or the debts underpinning them are uncollectable, you can require the lienor to give you a release that you can record on the title. Read the statutes, then see an attorney if you think it's worth it.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.