Legal Question in Credit and Debt Law in California
Paid Collection Property Lien
3 yrs. ago we were served papers from a local collector. We immediately called and the next day paid the debt. Later find a property lien was placed the day we paid. Our credit report shows satisfied paid. Last re-fi, 2 yrs. ago, it wasn't an issue, now we are re-fi'ing the adjustable & our title shows the lien. They are evading me. Don't THEY have to have it removed. If this causes prob, any recourse?
1 Answer from Attorneys
Re: Paid Collection Property Lien
You can file an action to quiet title, slander of title, and release of lien, and seek punitive damages. I would first send them a certified, return receipt letter, demanding it be removed in XX days. In the letter, warn them that you will seek legal counsel and file a lawsuit if it's not corrected. Basically, you want them to provide you with a signed and notarized affidavit of satisfaction of judgment that you can record with your county recorder and provide to lenders and title companies.
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