Legal Question in Credit and Debt Law in Georgia
I just found out today that a credit card company has placed a lean on the title of my mortgage. I have heard nothing or received any information regards to this from the company. It has been more than ten or twelve years since I have had any dealings or contact. I read somewhere they have a three year statue of limitations to file any actions. Is there any recourse I can take to resolve this and get it off my mortgage title.
1 Answer from Attorneys
No, the creditor did not place a lien on the title to the mortgae. The judgment, once entered, serves as a lien on any real property owned by the judgment debtor. Judgments last for 7 years in Georgia from the date of entry and can be renewed.
There is no 3 year statute of limitations. Its 7 years for a judgment to go dormant and it can be revived for up to 3 years after that so its really 10 years from date of entry.
Obviously you were sued and a judgment was entered and you ignored all of this. Its a wonder the creditor only liened your real property and chose not to garnish your wages or levy your bank account.
First you need to go to the county where the judgment was entered and make a complete copy of the file. You then need to go see a lawyer who handles these kinds of debts. Is the judgment dormant or was it revived? If its still good, the only way to remove it is to settle/resolve the debt or file bankruptcy. If the judgment is really old/dormant and has NOT been revived, it can be off your credit report and that can be disputed. However, the judgment will never go away. It just means that if its dormant and cannot be revived, it is no longer enforceable.
As to why you claim you never heard about this, there are several possibilities. (1) Maybe the creditor sued the wrong person. You might have a name that is common and the creditor got the wrong debtor. I have had things happen like that with two of my clients. (2) Could be the creditor had an old address for you and could not find you.
Depending on what you learn will dictate what you do. Obviously, if the creditor got the wrong person then this needs corrected and you will probably have to file a Rule 60 motion to vacate the judgment. You would need to see a lawyer for this. If the creditor got the right person, then that will not work as there are time limits for filing a Rule 60 motion.
You mention time limits but not the relevant ones. The relevant ones are not when you last had dealings but when you were sued. A creditor has between 4 and 6 years after your last payment in which to sue you and even if beyond that and you do nothing, then you waive your objection to timeliness. You also do not indicate when the judgment was entered. As I said, judgments are good for enforcement purposes for 7 years and can be renewed any time after that for up to 3 years. So I don't know where things stand and that is why you need to get the court file and consult a local attorney.