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Leins on Property

Date: Mon, 09/21/2009 - 20:33

Submitted by Nikki_123
on Mon, 09/21/2009 - 20:33

Posts: 48 Credits: [Donate]

Total Replies: 6


My account with Capitol One is in collections with MRS still within Cap.One yet. They set me up on a plan for $430 a mth for the next 4 months to get my debt out of collections and back to my monthly payment before I got into this mess.
What if I choose not to pay this and start saving to do a settlement with them, How long will they wait and how likely is it to place a lein on our house??? Do they often do this?


Quote:

How long will they wait
That's basically a coin toss. It all depends.
Quote:
how likely is it to place a lein on our house?
Well, that's actually getting ahead of yourself. Likely scenario: it will charge off in 180 days after the first late (default), it will go to a debt collector, the debt collector may or may not choose to sue immediately, later, or later still. And if/when they do, they will have to win a judgment against you, you would have to still not pay them, they would then have to file for the lien. If you are in a state that allows wage garnishment, they will go for that first.


lrhall41

Submitted by Chrys Henderson on Mon, 09/21/2009 - 21:52

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Ditto. Only thing I can add is that in some states (like IL for example), a judgment acts as an automatic lien against any real estate you own. Which would still require them to file and win a lawsuit, but then they just have to take that judgment downstairs to the county recorder, and it gets recorded as a judgment lien until released.


lrhall41

Submitted by DebtCruncher on Tue, 09/22/2009 - 00:22

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Basically that's it... the lien just lays dormant until you ever go to sell or refinance your house. Figure 10 years from now if you decide to move, then you'll have to pay off that lien in order to sell it, and then there'll be 10 years worth of interest due.

However, another lien can actually affect your mortgage. Most mortgages have a due on demand clause, which states that if you allow another lien or encumbrance to be placed on the property, then they can consider it a default and declare the entire unpaid balance immediately due and payable. I'm not sure that mortgage companies gerenally enforce those clauses, but technically you could find yourself in hot water if the mortgage co finds out another person put a lien on the property.


lrhall41

Submitted by DebtCruncher on Tue, 09/22/2009 - 14:09

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The judgement will definitely show up, and depending on your state, can stay on your credit report 20 years (or even effectively permanently) with up to 20% interest applied. See:
"http://www.cardreport.com/laws/judgement-sol.html"

And yes, with an active judgement, you will likely get *no* new credit at all.


lrhall41

Submitted by Chrys Henderson on Tue, 09/22/2009 - 22:35

( Posts: 2538 | Credits: )