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Real Estate Lien?

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Only curious, but does anyone know if a creditor can lien real property in Michigan? I am asking just to make my mind at ease as we await a JDB to try and validate a DV, which has 11 more days to go for 30.

Thank you

Unless I'm mistaken the only way any one can lien your real property is with a court ordered judgment ruling such.

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Thank You CreditSultan

The advice on this forum is outstanding and my DW and myself are just counting days on a DV to a very bogus JDB TL on 2 of her reports, that poped up in a mortgage application process. The loan is OK, but her scores on EQ and TU were much lower than EX. Due to, of course the fact this account did not appear on EX.

I find it extremely hard to digest that some random, bottom feeding, scumbag outfit can just buy a bogus debt, most likely out of SOL, and in fact she was not responsible for, and demand settlement.

Do these JDB types just lurk and await a credit application? For instance, mortgage applied for 02/16/05. JDB shows up on 02/20/05? Coincidence?

We think not. Well , the DV has been out and green card is back. It is not our real desire to rack up violations, just get these catfish off our back. However, if we do file suit and win, we will donate the procedes to this forum.

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Michigan just changed their laws regarding liens on homes. Here's a summary of it:

Judgment Lien Law Gives Creditors New Collection Tool

Creditors now have a new tool for collecting unpaid judgments. Michigan's judgment lien law, which took effect September 1, 2004 allows creditors to place a lien on real property owned by debtors. The law applies to property owned by individuals and business debtors.

To place a lien on real property, creditors must file a notice of judgment lien with the register of deeds in the county in which the real property is located. The lien stays in effect for five years and can be renewed for an additional five years.

Although the lien cannot be foreclosed upon, it encumbers the property and the debtor must pay the judgment in order to remove the lien. For example, a homeowner would not be able to sell or refinance a house with a judgment lien on it unless the judgment is paid.

There are some limitations to the new law. If the real property is owned by someone in addition to the debtor - for example, a spouse - it cannot be encumbered. Also, the creditor will need to know the corporation's tax identification number or the last four digits of an individual's social security number in order to file the lien.

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DocDon comes through, you know your way around the net, good job. I''ve learned a lesson about the quick and dirty assumption that one states laws are the next's. And in the future I vow to perform a quick search prior to giving what looks like a quick and easy answer, or not answer.

Good looking out, DD I wonder how may other states have this in effect or will impliment it? is there a chart somewhere? if not one should / could be made.

DD, are you ignoring this topic, :D


Do you have any opinions on it you could share since everyone now knows you have been sand bagging on us? Heh.

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There is no time limit on debt validation except that it would have to occur prior to SOL expiration. Most often junk debt buyers file suit before actually validating a debt. When they do validate for a pending court proceeding they attempt to obtain the entire account transcript from the OC consisting of ALL statements and not just the final statement or some document that states the debt. FDCPA only requires ceasing collection activity until some credible evidence is produced.

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DocDon comes through, you know your way around the net, good job.

pssst... I live in MI... :)

Actually, I stumbled across that little piece of information accidentally while searching on a CA/attorney in our area. :wink:

Here I thought you live closer to me, in a place like Arizona. Damn good people in your state DocD.

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