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CA put a lien on my house


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Long story ...short version....Going thru a divorce and having money trouble, A CA has put a lien on my house, Although I do not live there and have not for the past 3 years, it is still in my ex's and my name. the mortgage on the house that was in both our names was paid off 4 years ago. My ex has a 2nd mortgage on the house but it is in her name only. we realize now that we should have put the house in her name but we did not. A CA has now put a lien on the house for monies that I ( myself only) owe. My son is starting college next year and having a lien on the house is not good for helping him out in anyway, ( my credit is bad but his moms is good) and we have to somehow get the lien off the property so she can (cosign and/or help him out in other ways) I live in the state of NY. Will my filing for bankruptcy have the lien taken off the property? I have looked for an answer but can not find one. Perhaps Im not looking in the right place

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The house is still in both our names, because of my young children I did not want to disrupt thier lives and we have a written agreement that when the last child leaves then she would have to sell the house and I get 1/2 of the selling cost. Ny is a 50/50 state and I did not and do not want to disrupt my family in any way. I called the court and yes the CA had/has a judement against me, I had no knowlege of the judgement and I found out about the lien thru my ex. In ny state (the ca) can have someone who they hire to serve you,serve you by just taping the summons to the door. I never recieved anything but then again ,since I left I have not recieved everything anyways. you get the idea..

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no the house was not used for collaterall

Well what kind of lien is it? Was it from a civil suit you lost? I'm sorry but not enough info to say one way or another whether it was legally obtained.

If the house was never formally transfered to your ex by a court order in your divorce or if the divorce and property settlement are not final, you or she may not be able to vacate the lien at all and then the only way to get the lien released is to pay it. It will appear on your credit report in the public records section but not on hers. It should not affect her credit report as NY is not a community property state so should not affect her ability to get a loan for your son as long as she doesn't use the house as collateral.

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It is a statutory lien and yes they obtained it legally, The CA first got a judement against me and then they went and put a lien on the house.I knew of no such judgement and I called the county court and they said that the CA had a judgement against me and also a lien on my house. after I explained I had no knowledge of said judgement they said that the CA (they claim to be lawyers) hired a certain company that does delivery of said paperwork and that they delivered it and had taped it to the front door of the house. The front door to the house is never used and no one recieved or signed for any paper work from the county court, or the CA that was hired to collect this debt. Apparently just taping a summons or notice or ??? to a door is concidered a legal means of delivery at least in this county

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It is a statutory lien and yes they obtained it legally, The CA first got a judement against me and then they went and put a lien on the house.I knew of no such judgement and I called the county court and they said that the CA had a judgement against me and also a lien on my house. after I explained I had no knowledge of said judgement they said that the CA (they claim to be lawyers) hired a certain company that does delivery of said paperwork and that they delivered it and had taped it to the front door of the house. The front door to the house is never used and no one recieved or signed for any paper work from the county court, or the CA that was hired to collect this debt. Apparently just taping a summons or notice or ??? to a door is concidered a legal means of delivery at least in this county

It appears from NY law that you were legally served by taping to your door. See rule below. You need to go get a copy of the file and see if there were any irregularities that may help you to vacate the judgment. If there is nothing that was done illegally, you may have to resign yourself to paying the judgment so that the lien can be released.

NY CLS CPLR § 308 (2008)

§ 308. Personal service upon a natural person

Personal service upon a natural person shall be made by any of the following methods:

1. by delivering the summons within the state to the person to be served; or

2. by delivering the summons within the state to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by either mailing the summons to the person to be served at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such delivery and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such delivery or mailing, whichever is effected later; service shall be complete ten days after such filing; proof of service shall identify such person of suitable age and discretion and state the date, time and place of service, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law; or

3. by delivering the summons within the state to the agent for service of the person to be served as designated under rule 318, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;

4. where service under paragraphs one and two cannot be made with due diligence, by affixing the summons to the door of either the actual place of business, dwelling place or usual place of abode within the state of the person to be served and by either mailing the summons to such person at his or her last known residence or by mailing the summons by first class mail to the person to be served at his or her actual place of business in an envelope bearing the legend "personal and confidential" and not indicating on the outside thereof, by return address or otherwise, that the communication is from an attorney or concerns an action against the person to be served, such affixing and mailing to be effected within twenty days of each other; proof of such service shall be filed with the clerk of the court designated in the summons within twenty days of either such affixing or mailing, whichever is effected later; service shall be complete ten days after such filing, except in matrimonial actions where service hereunder may be made pursuant to an order made in accordance with the provisions of subdivision a of section two hundred thirty-two of the domestic relations law;

5. in such manner as the court, upon motion without notice, directs, if service is impracticable under paragraphs one, two and four of this section.

6. For purposes of this section, "actual place of business" shall include any location that the defendant, through regular solicitation or advertisement, has held out as its place of business.

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People READ the posts ! The OP WAS legally served, by NY law, when the summons was taped to the door of his last known place of residence - at least as far as the suing creditor was concerned. This is typical 'nail and mail' service in NY, and unlikely he'll be able to attack the judgment unless he can prove the creditor who sued him KNEW he didn't live there.

Since it IS a judicial lien, a bankruptcy would make the judgment null and void, and the lien could then be removed. You need to speak to a bankruptcy lawyer who knows how to do that.

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Since it IS a judicial lien, a bankruptcy would make the judgment null and void, and the lien could then be removed. You need to speak to a bankruptcy lawyer who knows how to do that.

Yep, 522{f} of the code allows for lein-stripping under the theory that it impairs an exemption that the debtor is entitled to.

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Thank you very much for you info. Im feeling better now that I know what to do, I know I scewed up a few years of my life , and certainly do not want my mistakes to carry down to my children. Now that I have some idea of what route to take to clear up this matter I will be talking to a BK lawyer to weigh my options. Again thank you very much....katt

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