QUESTION
How to get an illegal PROPERTY LIEN REMOVED
Asked on May 01st, 2021 on Bankruptcy - California
More details to this question:
Here is our situation that we just found out about. Unbeknownst to us, there was a lien placed on my wife's Redondo Beach CA townhouse in 2014 as a result of a minor car accident that my 39-year old son (her step-son) was sued for. It appears there was default judgement that went against him for $4,400 damages, he couldn't pay it and so he filed for bankruptcy. We are only now finding out about it. The car he was driving was my wife's car that she had given him so of course at the time of the collision he had not changed the title and it was still in her name. So my wife was named as a "debtor" on the 4th page of the judgement. She was never served and so never had any knowledge of all this. Now she's trying to refinance her townhome and can't because apparently there is a lien on the property. Is there any way she can remove the lien before her loan lock expires in 5 weeks. Or is she screwed? Any help would be appreciated, many thanks! Patrick McGauley (310) 200-7779 pmcg2100@gmail.co
1 ANSWER
The only way to quckly get the lien removed would be to contact the creditor and find out how much they will settle for her to pay to remove the lien. It's hard to believe that she did not previously know about the lawsuit. She may not have known about the lien but she probably knew about the lawsuit. She could contest the Judgment but such was suppose to be filed within six months of the judgment; therefore, there's only a 50/50 chance of having the judgment removed after spending $5,000 to $10,000 in attorney's fees and costs.
Answered on May 03rd, 2021 at 6:21 AM