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Re: Lien Question

Posted by Ellis on October 06, 2003 at 10:34 PM

In Reply to: Lien Question posted by Vince on October 06, 2003 at 9:53 PM

If your lien was correctly recorded as an abstract in the county of the refinanced property, you are technically in a senior position above that new loan & can force a judicial foreclosure. That's what I would threaten to do, unless your lien was paid off. I know of an attorney who specializes in collections in Los Angeles. If you would like email me personally for his name.

Ellis

: 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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