Lien on our house for an unknown debt.

LadyBeBop

DIS Veteran
Joined
Feb 28, 2009
We are renewing our Home Equity Loan (we only have a few thousand remaining on it). The title search came back, to show that a debt collection agency put a $14,000 lien on our home, based on some debt of my husband's.
I have no idea how that happened. We had a couple of minor bills that we paid. DH's credit score is in the 700's. Wouldn't we have to be informed by certified mail that a large lien would be issued?
DH has a fairly common name. The loan officer seems to think that the debt might belong to another person with a similar name. He is doing more research, but won't get back to us until Monday.
DH and I are both worried. Even if the debt isn't DH's how can we reverse the lien?
And of course, this happens on a Friday. Anybody have any other ideas?
 
Have you run your credit report lately? You can get a copy once a year for free - if the loan isn't on there, then you can be more at rest this weekend that it is probably an error or another person. That happened to my brother. He kept receiving collection phone calls for someone of the same name who lived in Michigan. My brother has never lived in Michigan.
 
DH runs his credit report at least once a year. We have Lifelock (love it), and they notify us when something unusual happens. We got a Lifelock notification yesterday that someone is applying for credit in our name. Of course, that was our home equity loan, so we just went online and verified that we are applying for credit. DH's credit score was on there.

It couldn't be for someone who used to live with us, could it? We took in a house guest...almost ten years ago. Friend of my daughter's. He only lived with us about three months. But he used our address, and we are still getting notices for him.
 
There are very few debts that anyone can turn into a lien against your home. Typically, (at least in my state), only unpaid work done on the house could be turned into a lien. Any other lien would have to go through the court system.
 
It seems to me that if your husband owed $14,000 to someone (or even a smaller amount, and that's plus interest), it isn't likely to be something he forgot about. I'm sure it's an error.
 
There are very few debts that anyone can turn into a lien against your home. Typically, (at least in my state), only unpaid work done on the house could be turned into a lien. Any other lien would have to go through the court system.

This is how it is where I live also. OP, are you sure it is a lien on your home or just a debt that came up in a title search? Title searches find debts belonging to people with the same names all the time. You just have to verify that it is not your husband's debt.
 
There are very few debts that anyone can turn into a lien against your home. Typically, (at least in my state), only unpaid work done on the house could be turned into a lien. Any other lien would have to go through the court system.

Tax liens do not have to go through the courts in any state.
 
There are very few debts that anyone can turn into a lien against your home. Typically, (at least in my state), only unpaid work done on the house could be turned into a lien. Any other lien would have to go through the court system.

I checked, and Kentucky seems to be like that. We've never been sued or anything like that. And we've had no work done on our condo. Although, DH is wondering, could this be some assessment to the entire condo community? Although we would have known. if anything was up.

Tax liens do not have to go through the courts in any state.

That's true. I should know. I work for the IRS.

However, my husband and I file joint returns. And if there's any inkling of tax troubles, I'd be out of a job.


OP, are you sure it is a lien on your home or just a debt that came up in a title search?

I'm not sure.

Title searches find debts belonging to people with the same names all the time. You just have to verify that it is not your husband's debt.

I remember, when we sold our last house, the wife had to sign a paper attesting that she's not the "Jane Doe" (not her real name) with credit problems. So it could happen.


Thanks for all your responses. Guess we have to wait until Monday to see what's up.

IIRC, I think I posted before how bad news always happen on Fridays. So we have the entire weekend to mull over it.
 
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It wasn't a lien, but a bank sweep someone tried to pull off for DHs dad's issue on our bank account (same name).

If your DH has a common name and nothing is showing up on credit, I wouldn't worry too much. Did you search your county court records? I'd think a lien on your home would be listed there.
 
Let us know what happens.
Credit reports can be confusing. All three of the mortgage lenders and 2 auto loan lenders I have used in the past were sold AFTER we paid off the loans. The new company is listed as the lender which threw me at first until I did some research. Just odd to see the 5 biggest creditors on my credit report are companies I never have done business with. The loan amounts, and payment history are all correct the loans I have with the previous companies.
 
We are renewing our Home Equity Loan (we only have a few thousand remaining on it). The title search came back, to show that a debt collection agency put a $14,000 lien on our home, based on some debt of my husband's.
I have no idea how that happened. We had a couple of minor bills that we paid. DH's credit score is in the 700's. Wouldn't we have to be informed by certified mail that a large lien would be issued?
DH has a fairly common name. The loan officer seems to think that the debt might belong to another person with a similar name. He is doing more research, but won't get back to us until Monday.
DH and I are both worried. Even if the debt isn't DH's how can we reverse the lien?
And of course, this happens on a Friday. Anybody have any other ideas?

I work in this area and run title searches all day. Our searches are on NAME ONLY. We report anything based on that name. Generally, you sign an affidavit that that lien is not yours. This is a common practice and hope it relaxes you a bit for the weekend.
 
Please let us know what happened. I am in agreement with everyone that it is most likely an easily fixed error. Try to relax and don't hold your breath until monday!
 
See if your state has an online data base for the Registry of Deeds or Bureau of Conveyances or wherever deeds and mortgages and liens are recorded. If not then you will have to wait until Monday to visit that place and find out what the lien is all about.

Caution: If you want to or need to write to the creditor or collection agency or whomever put the lien on your house, do not put your autograph on any of the correspondence early in the game. Nevertheless they should be able and willing to give proof such as a written loan application or a contract for work or kilowatt hour usage, etc. FYI it is usually more difficult for a collection agency to furnish proof because it usually does not get a full folio or dossier for a debt.
 
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We had an issue when we first applied for a VA mortgage. My husband has a very common name. It looked like he was in arrears for child support for an obscene amount of money. Thing is my husband has no children and no marriages prior to ours. I believed him. My Dad ( rest his soul ) gave him the Italian " stink eye " for a brief moment. Turns out the common name person wasn't even the same race. I'm sure it will be cleared up for you but boy the system for these things is full of holes.
 
We had an issue when we first applied for a VA mortgage. My husband has a very common name. It looked like he was in arrears for child support for an obscene amount of money. Thing is my husband has no children and no marriages prior to ours. I believed him. My Dad ( rest his soul ) gave him the Italian " stink eye " for a brief moment. Turns out the common name person wasn't even the same race. I'm sure it will be cleared up for you but boy the system for these things is full of holes.

This reminds me of a warrant for my arrest when I was in college, for past unpaid child support. I had no children. Took some time to convince them it wasn't me. That was a long time ago though.
 
Our Homeowners Association routinely puts liens on houses in our development for significantly late
unpaid homeowners fees.
 
This reminds me of a warrant for my arrest when I was in college, for past unpaid child support. I had no children. Took some time to convince them it wasn't me. That was a long time ago though.
My auto insurance doubled, and they said it was for the ticket had had gotten. Beverly Hills Traffic Court had put the ticket on my driver's license from some guy who ran a red light in a rented Rolls Royce. This guy had the same first and last name, but a different middle name, and live in New York. It took me months to get that off my record, and my insurance company quickly refunded the premium hike when it was cleared. The most difficult issue was getting off my record that they had added that I "also have a residence in New York". Other than changing planes once at JFK in 1976, I have never stepped foot in New York, let alone lived there.
 
































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