Jennwndrlnd Posted July 3, 2007 Report Share Posted July 3, 2007 My father passed away in March of this year, he left everything to me either TOD, POD, or we were joint on his accounts. He also had a judicial lien that was placed on his properties in February of 2006 which I wasn't aware of. At that time he owed around $2900, that sum is now well over $9000. The properties are now in my name, I wasn't made aware of the lien until last Friday when I received a letter from Cheek and Zeehandelar informing my father that the lien was intact (they didn't know he had passed). They are working on behalf of Ohio Receivables and they were working for Household Bank. They claim that letters were sent out numerous times since the lien went through, I took care of all of my father's mail and never once saw anything come in. I called our court house today and they confirmed the lien was in place, I then called Cheek and Zeehandelar and spoke to a rep there. I told them I wasn't made aware of this lien and the properties had been transferred. I asked which property this was on and they stated ALL OF THEM. What do I do now? I offered to pay them the original amount that they sued for, the rep told me he would have to "take it to the lawyers" and see if they would clear that but normally they would settle for 60% (and to call back in a week to see what they said). I was intending on selling one of the homes simply because I don't need it, I am also in the middle of repairing my credit by using a morgage company who is attempting to repair my report. My plan was to repair my credit, get a loan to fix up our old family home to live there and then sell the other home my dad left me to pay off the loan. It seems I can't sell the house now because of the lien. Any help would be appreciated, I'm sorry this was long winded but I'm quite stressed at this time. Link to comment Share on other sites More sharing options...
nascar Posted July 3, 2007 Report Share Posted July 3, 2007 If your father had a judgment against him in 2006 for 2900.00 and someone is now claiming you owe over 9000.00, that's a problem. There are legal limits to interest that may be placed upon judgments, usually 10%. It looks like it's only been a year or so - maybe another $300.00, but that's it.Are you sure the judgment was for only $2900.00? Take a $100.00 and go see an attorney. Get this straightened out before someone steals your father's estate out from under you. Link to comment Share on other sites More sharing options...
Recovering Attorney Posted July 3, 2007 Report Share Posted July 3, 2007 I know you are concerend with your own financial help, but your dad left you both two houses and a judgment ( or a mrotgage: what kind of lien is it?). I'd say take care of the lien before you do anything else. Sell the properties if you need to. You can sell either subject to the lien.How old is this? What kind is it? The jump to 9k does seem extraordinary. You can never trust scavengers. Nascar gave you good advice Link to comment Share on other sites More sharing options...
Jennwndrlnd Posted July 4, 2007 Author Report Share Posted July 4, 2007 Thanks for the replies. All the letter says is that it is a reminder that the law firm filed a judgment lien on the real estate to secure their client's interest as a result of the judgment rendered on February 14, 2006. When I contacted the court house they said it was in the amount of $2969 plus court costs and interest at 18.99%, she also said that the first judgment was in 2005 with the lien being added in 2006.My father's lawyer did contact me today and I've set up a meeting to speak with him next week. His secretary said that the lawyer was under the impression that this debt is not my problem and that when my father passed that was the end of it. We shall see. At any rate, people are sued here in the common pleas court instead of municipal. Our town has a set rate of interest that credit card companies can sue for, it is around 7%. The mc judge upholds that, the cp judge does not and doesn't hear any case involving people being sued by cc companies. Hopefully everything will work out positive with this, after losing someone and then trying to do the right thing by paying on the debt I had as a result of quitting my job to take care of my father it's been a very very stressful year. Link to comment Share on other sites More sharing options...
nascar Posted July 4, 2007 Report Share Posted July 4, 2007 His secretary said that the lawyer was under the impression that this debt is not my problem and that when my father passed that was the end of it.You are protected by the Statute of Frauds. Any agreement for you personally to be responsible for the debts of the estate must be in writing. As representative of the estate, you still are responsible for ensuring that creditors of the estate have been paid, so you'll likely find that you have to deal with that before administration is closed and you can move on. Good luck. Link to comment Share on other sites More sharing options...
LadynRed Posted July 4, 2007 Report Share Posted July 4, 2007 Since your father left what I'd assume to be significant assets (the properties), then why was the estate not probated ?? Debts of the deceased are paid from their estate thru probate. So make sure you find out what the lawyer has to say about probate too. Link to comment Share on other sites More sharing options...
Jennwndrlnd Posted July 4, 2007 Author Report Share Posted July 4, 2007 Since your father left what I'd assume to be significant assets (the properties), then why was the estate not probated ?? Debts of the deceased are paid from their estate thru probate. So make sure you find out what the lawyer has to say about probate too.Thanks I will. To answer your question, we didn't open an estate because he didn't want us to have to pay a lawyer. He split everything pretty evenly between my sister and I- one cd each (left pod), a savings and a checking (left pod), stocks (went to her, tod), and the houses (tod to me). Also there was a lake house that I was already listed with him on the deed. It wasn't like he had a hundred thousand in the bank, most of what he left us cash-wise was life insurance money. Even that wasn't a lot after paying off his medical bills, funeral expenses, etc...and he knew the rest of the cash he was leaving I would need to maintain the properties (taxes, insurance, etc...) until I could add the addition on to one of them and then sell the other. With the news of this lien I can't get a loan (we think) to do the addition, and this stupid lawyer's office already threatened me with foreclosing on at least one of the houses to get the money. Link to comment Share on other sites More sharing options...
Jennwndrlnd Posted July 12, 2007 Author Report Share Posted July 12, 2007 New news on this- I offered the original amount and the rep I was speaking to told me to call back in a week, I did and he said that the lawyers declined and wanted the entire amount. I then spoke to my lawyer who said that the lien did follow me because of the way my dad left the properties to me but that I had numerous things I could challenge with. Anyhow I called the lawyer's office back and made one more offer adding $1000 on to the original lawsuit amount, the rep (a different one) told me to call back the next day. I did and he said that they wanted $8500 (my offer was $4000). Called my lawyer back and he is going to write them a letter- the summons was sent to my dad back in 2005 but they sent it to my house not his, that combined with several other blunders on the part of the lawyers could possibly get this settled. In the least I think I'm looking at paying a lot less than $8500. I really just want this to be over, after losing my dad and then the domino effect of bad crap that has happened to me in the 4 months since I don't think I can handle much more stress. Thanks for your help everyone! Link to comment Share on other sites More sharing options...
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