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==One Answer== If a creditor has been paid twice for the same debt you could send them a registered letter with PHOTOCOPIES of your proof that the debt was paid twice. You should request that they refund the overpayment within thirty days. Be sure to keep copies of everything you send them as well as the green signature card as proof that they received your letter. In Massachusetts we have a wonderful consumer law entitled MGL Chapter 93A that spells out what elements to include in your consumer complaint letter to the business. One element is a a statement declaring that you think the actions of the company constituted an unfair business practice. Collecting twice would be an unfair business practice. You then tell them what you want them to do: refund the overpayment. Under 93A, the company has thirty days to respond with an offer. If they fail to respond then you sue them in court. If you win (and you would win this if you have the proof) then they will have to pay triple damages or three times the amount of money they owe you. Chapter 93A Demand Letters usually get results. Check your state consumer protection laws for a similar statute. If there is none send a letter as outlined above and if they don't respond then take them to court if the dollar amount is large enough. Or, you could try the same tactic with the title company to see if they will take on your fight for you.
What else can I help you with?
If Property has a lien that was not found by title insurance company what are the owners options?
Generally speaking, if the owner purchased title insurance the lien should be paid by the title insurance company. If not and the lien was recorded and missed in the course of the title examination the attorney who certified the title to the buyer should be contacted. Her malpractice insurance should pay the lien.
What is proof can i use for a title company that a judgment has been paid?
A letter from the collection company or creditor who reported it or a lien release form if the judgment was placed in lien against property.
How do you find out if there is a lien on a real estate property you are looking at?
You can have a title company check for you, or you can contact the county where the property is. Liens have to be on file with the deed.
If the title company missed a lien can they make the seller responsible?
Yes, the title company can hold the seller responsible because the lien still exists. It was just a paperwork mistake on the behalf of the title agency. Somewhere down the line, it will interfere with the property if not corrected.
Find out who is holding my lien?
Call a title company to run your property. Ask to see what kind of liens are on your property. If it's a mortgage lien, a copy of the trust deed should have a phone number on there.
Where can you obtain a property title IRS lien search?
You can find a qualified title examiner by contacting a title abstract company or real estate law firm in your area.
Can you put a lien on a car if you have the title?
That would be counterproductive if the title you hold is in your name. If you are holding the title for someone else, a lien would only make a difference when they sell the car--and it has to meet certain criteria.AnswerNo. You cannot place a lien on your own property legally since there is no separation of title. A lien gives the lien holder a legal interest in the property of another. If you are holding property in your name for someone else, the title is in your name and you cannot place a lien against it.
Can a lien company take you to court for failure to produce car title?
No, the lien company files papers with the courts and can get the title without you.
Can a company file a mechanics lien against your property if the builder of your barn owes them money?
Yes, a company can file a mechanics lien against property if the builder of the barn owes them money. This can be a nightmare. To get rid of the lien, a property owner might have to pay the lien holder and then sue the builder for return of funds. This tactic is not fair to the property owner because, if the builder was already paid for the barn, the property owner now has to pay double.
Can i Put a lien on a vehicle to get my name on the title?
A person or a company that puts a lien on a vehicle is a "lien holder" that is on the title. It is not recognized as ownership.
How do you find out if there is a mortgage lien on a property?
You can try to search the title history to your house manually at the local county recorder's office. However, you can also contact a title company a purchase a preliminary title report that will not only show liens, but other recordings that impact your title such as easements. The title company can also provide you with copies of the mortgage/lien documents.
Can the lien against my property be released when the the original owner apparently with a tax debt died.?
Assuming you are talking about an IRS lien, then yes. If you were not liable for the taxes, then the lien should not be on your property. The first thing to determine is whether or not the lien actually attached to your property. If the previous owner of the house owned the house at the time the lien was filed, then the lien probably legally attached to the house. If this is the case, this is something you should take up with the title company that did the title work when you purchased the house. More common is that the IRS filed a lien and the address they had on record was still his old house (your house). Just because the lien had that address on it doesn't mean you have a lien on your house. If the property wasn't his, then it did not legally attach. If a title company still has issues with this (if you are trying to sell your house), you may need to get a Certificate of Non-Attachment from the IRS to show them that it's not attached.
