Legal Question in Credit and Debt Law in California
Judgement from 1995 and they filed a lien on my house
We are in the process of refinancing our house that we purchased in 2000. While doing so 2 liens popped up. They are both from judgements from 1995. Can they do this if we didnt own the property then and why did they wait so long? Arent we suppose to be notified before they lien our house? I mean yes we knew they were out there, but i didnt even think about the possibility that they would lien the house? one is for 11,000 for a car repo, i cant possibly pay that off, how can i get them to settle and while making payments will they take the lien off?
Thank you in advance!
1 Answer from Attorneys
Re: Judgement from 1995 and they filed a lien on my house
A judgement lasts 10 years and is renewable for another 10 years. As such, because they're out there, they can move on any and everything you own. A suggestion would be to try to cash out some on your re-fi; possibly settling with them for some amount less than the full balance, so you can still do the refi and satisfy those debts. A creditor has no reason to take the lien off the house until the debt is paid. This is precisely why the lien was there, so you'd have to deal with it whenever the house was sold or refinanced.
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