Posted by Jim FL on October 25, 2004 at 21:20:55:
Might be something to run by a competent local RE attny.
If indeed the lein is not yours, and you can prove it, as in, you have a different social security number, etc, most times, you can simply sign an affidavit that you are not that person and close anyway.
I’ve signed them before, because my name is common as well.
I cannot recall the name of it, its been a while since I signed one.
Ask your attny, and stay proactive with the title company, the squeeky wheel gets the grease.
Call them daily to get the deal closed, and perhaps have the mortgage broker or lender for your refi get on them as well.
If you don’t close, nobody gets paid.
My title company covering up something? - Posted by JONS
Posted by JONS on October 25, 2004 at 16:40:36:
Is my title agent trying to cover up something? A shopping center has slapped a $33000 lien and has clouded my title hindering my refi process, but the story gets very interesting because I have nothing to do with that lien. My title company says that the privacy act prohibits title/companies from using social security # to slap liens but instead must use people’s name, is this true in Virginia?
Here’s the details:
a person who has exact same name as myself owned a Karate business at a local shopping center that obviously didn’t do well
In 1997 the shopping center filed liens to 2 entities.
a) The owner of the karate business
b) his Karate business
I did not purchase my condo until may of 2003
I’ve been with the same title company both for purchasing my condo back in 2003 and for doing the refi at the present time.
Confirmed that the lien does not show up on my credit report. I have absolutely nothing to do with that lien to the best of my knowledge.
Title agent says that when I was purchasing my condo, the lien didn’t show up because the shopping center filed it using the Karate business owners name and his business.
Therefore, since it had nothing to do with the seller’s name (it was a corporation that converted an apt to a condo), the lien didn’t show up when seller sold it to me in 2003.
However, now that I’m the new owner of the condo who just happened to have the same name as the karate guy
someone or something has assumed we are the same person.
My lender says I have must clear up this lien if I want to refi or sell.
- my Title company says they sent one of their guys to the court house to confirm that the SSN of that karate-owner is different from my own SSN, but not sure what else the problem is now.
Title agent says they are confident that it will only take a few more days to resolve this but they’ve been saying that for the past 3 weeks!!! Immagine the number of John Doe’s, Smiths’s and Johnsons’s who will suffer from this nonsense.
Would you know anything about this kind of situation?
Re: My title company covering up something? - Posted by Jack
Posted by Jack on October 26, 2004 at 24:28:09:
“Immagine the number of John Doe’s, Smiths’s and Johnsons’s who will suffer from this nonsense.”
or the Trujillo’s and Rodriguez’s.
“6) Title agent says that when I was purchasing my condo, the lien didn’t show up because the shopping center filed it using the Karate business owners name and his business.”… well that is not really accurate. A Title company does not search (in most States) for pre existing judgment liens because thier Title insurance of the Deed of Trust is protected by the Purchase Money Deed of Trust Doctrine.
If it was me, I’d have my attorney contact the Judgment creditor and have the problem corrected (with the threat of legal action). I must say I find it curious that you qualify your denial by saying “to the best of my knowledge”.