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Dunner · 03-16-2012, 05:21 PM

Quote:

Originally Posted by RickO

Didn't the title company have some responsibility here?

They should have, but blamed his lawyer who was the go between on the house proceeds. Forget what he was called.

two-niner · 03-16-2012, 05:23 PM

A lien is nothing more than a notice that "Hey, I've got skin in this game" and it generally has a time limit (in FL it's (or was) one year)

You would have to take your contract, you do have the contract?, and go to court to enforce the lien when he attempts to sell whatever was involved.

Based on what you have posted, the first thing the judge will ask: "let me see the contract".

Incredibly, the man can come after you for filing a false lein if there is no written contract. It is just heresay. You have no standing. And once again he's got you.

Different states have different laws. Let a little time pass before doing anything.

RickO · 03-16-2012, 05:25 PM

Quote:

Originally Posted by two-niner

A lien is nothing more than a notice that "Hey, I've got skin in this game" and it generally has a time limit (in FL it's (or was) one year)

.

So if the IRS puts a lien on your house for back taxes they are just out of luck too?

Rick

two-niner · 03-16-2012, 05:37 PM

Don't confuse federal tax laws with state laws. You may want to google mechanics lien.

Kerry

TAZ · 03-16-2012, 06:33 PM

Quote:

Originally Posted by two-niner

A lien is nothing more than a notice that "Hey, I've got skin in this game" and it generally has a time limit (in FL it's (or was) one year)

You would have to take your contract, you do have the contract?, and go to court to enforce the lien when he attempts to sell whatever was involved.

Based on what you have posted, the first thing the judge will ask: "let me see the contract".

Incredibly, the man can come after you for filing a false lein if there is no written contract. It is just heresay. You have no standing. And once again he's got you.

Different states have different laws. Let a little time pass before doing anything.

In VA is stays on until it has been satisfied. But there is a time limit (can't remember how long) that you have to file it. You cant wait forwever or go back a year after. Yu don't even need a contract if you can prove via witnesses or demontrate in various means you provided a service. The cost of filing is something like $20.

At least you can look into it

jabfado · 03-16-2012, 06:52 PM

Chalk it up to a bad experience and keep your good heart and kind mind....This con artist will get his just reward. A Karma believer.

TAZ · 03-16-2012, 07:01 PM

Quote:

Originally Posted by jabfado

Chalk it up to a bad experience and keep your good heart and kind mind....This con artist will get his just reward. A Karma believer.

Karma needs a vehicle and some times we need to be the facilitator. If not, the burden will lie on the next person they take advantage of.

I am ne to forgive, but one must have remorse in order to be forgiven. If there is no remorse the I feel a personal duty to protect the next victi. Just my .02

Dunner · 03-16-2012, 07:07 PM

It's water under the bridge now(2007), but I had an Assignment of Beneficial Interests from the GF's ex. The title company said they wired $160,000 to the trustee(law firm). The law firm said they couldn't find any record of the money being wired to them. Who am I to fight a shyster law firm over $3000? I even filed a complaint to the AZ Dept of Financial Institutions and the law firm lied to them too. The lien is even recorded with the county recorder's office.

I don't know what could or would happen if and when the new owners of the property try to sell it.

slickest1 · 03-16-2012, 07:17 PM

Quote:

Originally Posted by Dunner

It's water under the bridge now(2007), but I had an Assignment of Beneficial Interests from the GF's ex. The title company said they wired $160,000 to the trustee(law firm). The law firm said they couldn't find any record of the money being wired to them. Who am I to fight a shyster law firm over $3000? I even filed a complaint to the AZ Dept of Financial Institutions and the law firm lied to them too. The lien is even recorded with the county recorder's office.

I don't know what could or would happen if and when the new owners of the property try to sell it.

That lien is probably still against the property. If the new owners lawyer didn't make sure that there were no liens against the property then the new owner would be responsible for it.

Dunner · 03-16-2012, 07:35 PM

If I couldn't afforded to lose the money, I wouldn't have lent it out.

Maybe some day I'll see it again and consider it an offset to the high cost of gas.

TAZ · 03-16-2012, 07:42 PM

Quote:

Originally Posted by slickest1

That lien is probably still against the property. If the new owners lawyer didn't make sure that there were no liens against the property then the new owner would be responsible for it.

This is true and would be covered under the title insurance. Thenit is up ti the title insurance tomgo after the lawyer. The lien would not just go away. Call the cointy clerk and have it reasigned to the new owner. That will get their attention. It is not their problem as i would expect the did get title insurance.

Dunner · 03-16-2012, 07:58 PM

The "Assignment of Beneficial Interests" is for the "Interest in the Deed of Trust". I don't speak legaleze, but I believe the lien was against the proceeds from the sale of the property, not the actual property.

okmunky · 03-16-2012, 08:20 PM

Quote:

Originally Posted by Dunner

I have a lien against my GF's ex husband. I loaned him $3000 and got a $3000 lien against his share of the house he was selling. He talked the mortgage company into paying him all of his share of the money when the house sold. The mortgage company and his lawyers both knew there was a lien and did nothing. Each one blamed each other.

Then the mortgage company should be responsible for the $3K. THEY wrote him the check.

TAZ · 03-16-2012, 08:41 PM

Quote:

Originally Posted by Dunner

The "Assignment of Beneficial Interests" is for the "Interest in the Deed of Trust". I don't speak legaleze, but I believe the lien was against the proceeds from the sale of the property, not the actual property.

I too am not a lawyer but i think the interest is in the property. I had to personaly pay over 6 figures to the IRS for a lien on my ex wife. She had filed a hand written deed on my property and I had it removed when I found out. But because the IRS had filed a deed on her and my propert (even when she had no interest) they claimed that they had rights to half the value and I had to pursue her in civil court. I learnd a lot about deeds. Go figure if a crimilal files a fales deed the IRS can attach your property and you have to go after the criminal. i had to hire a former IRS laywer to negotiate it down or I would have lost half the value.

Laws protect the criminals! And that is fact not just an opinion.