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Judgement Lien on house title...

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While trying to refinance our home at a lower interest rate, we have found that a lien has been placed on our title, and the amount of this lien is grossly incorrect. A few years ago, during some hard times, Ford Motor Credit repossessed a lease vehicle from us. We had only 5 payments left on a 36-month lease, and offerred the unpaid lease payments in settlement, but Ford refused and a judgement was entered against us in the amount of $ 12,000.

During a title search, our mortgage lender found a lien from Ford against our title for $ 112,000!! :eek: He also said we could not even get this corrected unless we offered Ford the $ 12,000. cash and they agreed to accept that and correct the record.

I find it hard to believe that I cannot get this corrected, but where do I start, as this does not show up on any of my credit reports? Also, I am so pissed at Ford since I beleive this is NOT a typograhical error, but pure extortion, that I am considering filing Chapter 13 just so I don't ever have to pay this trumped-up charge. Will filing Chapter 13 clear a judgement lien on a house title?

Thanks for any info, and shop GM!!!

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Yes, filing a Chapter 13 will set aside the judgment lien on your property if you choose to go that route. The question is though is it really a solution for you? The problem with a Chapter 13 filing is that you will still be liable for the debt or most of it, and you may not be able to refinance for three to five years.

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The first thing you need to do is get record of judgment from courthouse. If you were never served summons notifying you of the hearing for the judgment, you possibly have grounds to have judgment vacated and lien released. Check the laws in your state regarding proper service. Depending on your state laws there are several ways to get around a lien attached to your home. There are several alternatives to filing bankruptcy.

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Do Not Chapter 13!!!!!!!!

If this discovery was in fact a surprise, you may be able to file a Motion To Vacate The Default Judgment and hopefully get this thing vacated.

What you have to do is show the court that you were not properly served for that original matter.

You need to go to courthouse, post-haste, forthrighteously, and get a copy of the court file to see what was done and how service was effected.

That's where attacking this judgment starts, attacking the service.

That person who told you that it couldn't be corrected unless you pay the $12,000 is full of sheot!!!! Those title / lender jerkoffs don't know anything about credit/collections law or your rights in these instances.

Ford could only get the lien if there was judgment granted.

Good Luck!

[Edit by IronMan on Wednesday, May 14, 2003 @ 12:08 AM]

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