Legal Question in Credit and Debt Law in Massachusetts
erroneous lien on property
A lien was erroneously placed upon our property. The debtor our son, a Junior.
The SS# identifying Junior was sent to the District Court. We were told all was corrected
.
Six months later we were selling property we owned and the lien was still there!" Our attorney stated that it would take a Sheriff to remove the lien.
The Buyers' attorney is holding $10,000 until this is cleared up.
Three months have gone by and nothing is changed. Our attorney now says that all that is required is a letter identifying the Junior with an SS#. They already have a copy of this in their files!
How do we resolve this and collect our $10,000 quickly. What is the procedure for removal of liens? Do we have enough for a civil case against the collection agency and their attorneys ?
How do we resolve this quickly and recover the $10,000 that is being held? Do we also have cause for civil action against the collection agency and the lawyers involved? What is the proper procedure for removing an erroneous lien?
2 Answers from Attorneys
Re: erroneous lien on property
I'm handling a similar case. I've studied up on the law. It looks favorable for you and really unfavorable for the opposing side. I suggest you call me and see if I can help you on this.
(617) 527-0050
Re: erroneous lien on property
Best bet: give them the letter you think they already have in their files.
You could probably sue the collections attorney who put the lien on, but until / unless you try the simple route (above), and try again as needed, you have almost no damages; anyway it would cost you money just to attempt to collect a judgment from a collections attorney!!!
I don't understand why your own lawyer isn't doing what you need done. Why are you writing here? Is s/he just not moving on this as quickly as you'd like?
Write to me directly if you have more to say.
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