OT/For John T Mike

More on this lien/judgment issue.

From reading the replies (and yes I will be taking this up with my atty)it appears that although this is a judgement listing someone with the same name, it could wind up attaching to any real (land,homes, etc) property in my name. Is that correct?

One of the "options" is to have my atty write a letter and provide the company proof that I am not the person named in the judgement and request a document be filed to that effect.

I am somewhat leery of that because that might put my personal info (dob, address, husband's name) out there to be accessed by who ever. It could even backfire and the company decide I am the person in the judgment and start filing liens.

Judgements have a life of 10 yrs unless renewed. This was filed in 1995, because its still "on the books" does that mean they renewed it? If so, its up for another renewal next year, 2015.


John T and Mike (WA), would like some info to have an idea of what direction to take and not waste a lot of time and effort figuring out what to do.

Thanks!

Nancy, A company can't file liens unless you have signed off on them to do so or the lien is court ordered. At least that is the way it is in Iowa.

As far as the similar name issue I have a cousin that has my exact name and several other relatives that have the same first and last name but with different middle names. It never used to be much of an issue but with computers and brain DEAD computer operators it has became more of an issue.

Too many companies have ZERO ethics and go "fishing" to collect debts. I have spent some money on my lawyer to straighten out some stuff but it really is not that much of an issue. Usually as soon as they see a "real" legal mind, lawyer, fighting them they fold like a house of cards. A letter will stop most of them.

I can only tell you how it would work in my state. Here, Title Insurance Companies search the status of title whenever there is a loan being applied for; some other states hire an attorney to do so, but the end result is about the same.

A judgment filed in your county becomes a lien against all real property of the debtor in that county. When you apply for a loan secured by real estate, the title company or title attorney searches all county records. If they come up with a judgment against someone with the same or similar name as you, they list the judgment as an "exception" on the title report (that is, they will insure title for the lender against everything "except" what they have listed). At that point, you would provide evidence that you are not the same person, the title company or attorney would remove the "exception", and lender would go ahead with the loan.

We're a small county, with only 2 title companies, so that method works here. Dallas would have many title companies, so they may have a normal practice of recording something to the effect that you are not the same Nancy Howell. Your attorney should know how to do it, if he's experienced in real estate matters. Or you could just talk to the title company and see what they need to remove that exception.

Mike one exception here is the bank will not procede until the defect (or exception) is corrected!!! Tital insurance seems to be for say some long lost heir from 50 years ago who did not sign off!!!

My brothers only son has the same name as my brother.
Son got into substantial credit card debt 6 or so years ago.
Credit card company put a lien on my brothers body shop that the Son was renting from him under the table. Son put the building up as collateral for the credit card loan
Brother can't get the liens removed cause he can't prove it isn't his name on the card.
Brother refuses to pay out a card he hasn't signed up for, son is flat broke as always , he makes good money but refuses to settle the debt cause he claims he never had a card by that company.
The son has been a compulsive liar all his life.
Brother believes him.

Head in the sand.

IMO,disproving somthing that has not been alledged is somwhat a waste. As I recall from your previous posts,this hasn't effected you over the past years. If it hasn't caused a problem yet,I wouldn't spend effort and money in attempts to prevent future problems. When and if it becomes an issue,you can handle it then. For a judgment or lien to be inforciable in Tx,the holder must prove debtor either A.signed aggrement(ex=deed of trust) or B.Was notified of judgement or intent to record lien(ex=certified letter). Crooks sometimes try forfilling notification requirment by producing reciepts for undeliveriable certified mail. Will not work if address is flawed. Without those requirments it would be a mad house considering the ease of fileing mechanic's lien in Tx.

Nancy, YES if another Nancy2 has a judgment against her and if Nancy1 owns real property ID SAY THE BOOK OF JUDGMENTS LISTS YOUR PROPERTYS LIEN. They think youre Nancy 2

Now to get it removed in our County we do Title Insurance instead of Abstract and Title Opinion and for sure it will show up under the Schedule A or B Exceptions. If its not you the Title Company will usually give you the specific things they must receive in order to remove the exception TALK TO THE TITLE COMPANY

As far as the 10 years its my pure guess it was renewed which is what Id expect.

John T Country Lawyer

"Nancy, A company can't file liens unless you have signed off on them to do so or the lien is court ordered. At least that is the way it is in Iowa."

JD, In Indiana, if a creditor obtains a money judgment against Billy Bob, it becomes a lien on any of his real property AND THATS SO EVEN IF BILLY BOB DONT SIGN OFF ON THE LIEN BEING ATTACHED otherwise he never would lol The lien is filed without his permission and maybe not even his knowledge unless he's familiar with the law.

Of course, I have no idea about how its done in Iowa and am surprised the lien wouldn't still attach UNLESS BILLY BOB SIGNED OFF.

Take care out there in Iowa JD

John T Country Lawyer

On something like this, just a case of mistaken identity, the bank will proceed as soon the title company removes the exception- because once the exception is removed, the bank is insured against that judgment being executed against our Nancy's property, so is safe in going forward with the loan.

Bear in mind that the judgment creditor has a perfect right to have that judgment of record, against the evil Nancy, and creditor can't be forced to remove it just because there are other Nancys around.

My thought is it is much like identy theift, that you have to prove innocence. An expensive way would be to sue the enity that placed the lein on you erroneously. What price would a person put on their loss of integity within the community.

Another good reason not to name your kid after yourself. Instead of bringing honor and glory to the family name, there's always the chance that he'll just turn out to be a royal PITA.

That's why "MIDDLE" names were created!

John T would a judgment not be a "court ordered lien" ???? I stated that a courted order, like a judgment, could be filed. A normal bank loan would require you to sign for the lien to be applied. Here that would be a mortgage agreement for land/house or a UCC1 if cattle or equipment.