Legal Question in Real Estate Law in Colorado
Improper Lien on House
We are re-financing our house. When my credit union called and said we needed to provide satisfactory proof for a judgement dated July 30, 1999. This is a case of mistaken identity. I tried to contact the creditor (WCI Financial Corporation) but I can't find an address or phone number. I found the attorney who presented (Richard B. Rose Bar#8783) but his secretary doesn't seem to think this is a big deal. She recommended I have my title company call her and they can ''compare'' SSN. Since then the title company wants me to fill out a 3 page form that goes back 10 years to prove my wife is who she says she is and not the person that the original judgement was for. I proved this by looking at the summons that was sent to the defendant. The defendant clearly goes by the name similar to my wife but with a -Coob on the end. What advice do you have? Should I ask Richard B. Rose for a letter stating he was in error ? Should I ask for my wages, long distance phone calls etc. for my time in trying to clear this mess up ?
2 Answers from Attorneys
Mistaken Identity
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
My web site http://effectnet.com/la/
My email: [email protected]
LawGuru User
Dear LawGuru User:
You may be making more of this matter than it is. These kinds of mis-identifications happen fairly frequently before closings, and filling out the paperwork requested by the title company will make the problem go away. I suggest that you fully and completely fill out the three page form immediately.
In this case, I do not believe you can collect your time and expenses from the party or parties who made the error.
Thank you for using LawGuru.
Sincerely,
Louise Aron
Attorney at Law
My web site http://effectnet.com/la/
Re: Improper Lien on House
It sounds like Mr. Rose's secretary gave you good advice. From your facts, I do not believe Mr. Rose caused the problem. You need to convince the title company regarding the mistaken identity. Normally in Colorado, a judgment is not recorded "against" a specific parcel of property. Once recorded, the judgment lien attaches to all real property in the county which is owned by the judgment debtor. It sounds like your title company has picked up the recording of the judgment and ASSUMED your wife was the judgment debtor, and thereby put you in the position of having to demonstrate the defendant in the case was someone other than your wife. The problem should be easily resolved, if in fact, your wife is not the judgment debtor.
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