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Lien Question

Posted by Vince on October 06, 2003 at 9:53 PM

Ward or anyone who could help me out there,

I would like to know if a Title co. could close and record on a refinance transaction if there's an outstanding judgement lien on a house that has not been pay off yet?

I placed the judgement lien on the homeowner on May 5, 2003 because the homeowner owes me money and I just found out today that the homeowner just recently refinance their home without paying off the lien. I thought the purpose of the judgement lien was for me to get paid off when the homeowners refinance or sale their home. Am I wrong or am I right?

Who is at fault for this transaction and who could I go after for screwing this up? The Title Co.? The Mortgage broker? or The Lender?

And do you know any really good real estate lawyers out there for this situation?

Thanks,

Vince


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