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homer · Posted: Tue Sep 13, 2005 10:21 am

Okay, I know the debt not mine (and we're looking into lawyers) but since they think it is here is the question...

Can they legally put a lien on a house co-owned with someone else (who has nothing to do with the said debt)? I know they can threaten all they want but can they legally do it.

Posted: Tue Sep 13, 2005 11:12 am

Homer,

If you sign on any agreement term something of this kind, it can definitely take a legal shape. Otherwise, every individual has their own credit report and their own debts. If you jointly sign on anything, you also come into the picture legally giving them the rights to take necessary actions.

homer · Posted: Tue Sep 13, 2005 11:22 am

My ex claimed bankruptcy and even though the debt went to him in the divorce they are trying to get me to pay it. (mind you its past the SOL, deemed not mine and they've broken every rule possible in trying to collect). Anyways. My new husband and I just bought a house and being in Texas I had to put my name on it too. This debt is for furniture can they put a lien on my house to try to get the money and how do they go about it? They haven't mentioned doing it yet but I want to know what these people can be capable of to plan out how fast I need a lawyer.

Thanks!

Posted: Tue Sep 13, 2005 11:52 am

As the debt is past the SOL and is not your debt even, legal aspect says that the debt should be recovered from your ex only if divorce decree is focusing on this point.

Moreover, you are not required to worry on it as the debt is already past the SOL period.

Did you check your latest credit report to see your latest standing of this account?

Regards
Roxette

homer · Posted: Tue Sep 13, 2005 2:42 pm

It was a cosigned loan at Kittles furniture. When we were divorced the decree said I was held harmless on said debt (he got the furniture and the loan) and I contacted Kittles myself, closed the account and had my name removed. I never heard from them until this collection agency contacted me 4 years later.

The latest standing is that it is in Collections. It also shows that it was validated in 2004 which I don't understand since that was when I was first contacted but never gave them money and never admitted it was mine! The only thing I can imagine is that maybe they received something from my ex in his bankruptcy settlement and that did something with the account but that wouldn't affect me would it and my SOL?

I'm just really worried that now that my name is on a house (or will be on the 5th of October) that they will notice and slap a lien (not even sure how thats done). Legal here no the base (we're military) said to just ignore them but I'm tired of doing that and running scared. Thats why we're looking into lawyers. I've been cursed at, called at all hours and I know this is against the law. There has to be something to get these people to leave us alone.

Posted: Tue Sep 13, 2005 4:48 pm

Homer,

Why not take an expert advice from the consultant in this website completely free of cost? I will definitely suggest you to go for it. It will be more than helpful.

homer · Posted: Tue Sep 13, 2005 8:38 pm

I found this forum by freak accident. How do I get a free consult? I'll take any help I can get at this point!!!

I have proof the account was closed, it shows that on the credit report. I also have the letter I sent them because they wanted a copy of the divorce and having it in writing. I just don't have any proof they took my name off other than the gals word. Shows you what a 22 year old knows.

Posted: Wed Sep 14, 2005 1:30 pm

Homer

Please click on the link below offering free counseling and help and submit your contact information at the sign up page.

You will get a call from the consultant shortly.

Regards
Roxette

arthur wong · Posted: Mon Apr 14, 2008 10:43 am

Hi there, if i have a lien on my house and i file bankrutcy. do they need to pay off the lien before they can try to take the house. i would only owe to credit card company.

Posted: Mon Apr 14, 2008 11:50 am

I would guess it would depend on which chapter you file for, if you get your debt dismissed without having to pay it back I would assume it would be nulled, however since it is from a judgment I'm not certain. Someone with more knowledge should be along to give you a more definitive answer.

Posted: Mon Apr 14, 2008 12:07 pm

This also appears to be a collection agency only, the name sounds like a law office but apparently is not. I did some research on them and I've found complaints of them. The most common is a agent that advises you that he has the power to "render a judgment against you" without a hearing in court, he also says that he will report your account to the credit bureaus and your score will drop by 300 points with the judgment. Don't fall for this as it is not possible and quite illegal especially since the account is over 18 years old and well past the FCRA reporting period.

Posted: Mon Apr 14, 2008 12:38 pm

You say your looking into lawyers. You would be surprised fast how the tables will turn in this case if you hire an aggressive one.

Guest · Posted: Tue Apr 15, 2008 8:15 am

They can only put a lien on the house after they received a judgment. You can raise the defenses you mention in the lawsuit they must file against you to get that judgment.

helpintx · Posted: Wed Apr 16, 2008 9:08 am

in my divorce decree it was ordered that my ex sign a lien on our home, although it is in the decree, is this enough or does somethng have to filed with the city.

Posted: Wed Apr 16, 2008 5:44 pm

If an ex was supposed to pay something due to a divorce decree and it belonged to you then you are going to likely have to take legal action against them as the creditor or collection agency will not go by who you say is responsible rather they will go with who the SSN belongs to.

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