Posted by M. McCaffrey on July 30, 2006 at 14:17:00:
Frank, I strongly suspect you’re an angel. City council web site’s my next stop!
“Notice of Sold Lien” NYC - Posted by M. McCaffrey
Posted by M. McCaffrey on July 28, 2006 at 07:38:27:
Briefly, NYC sold a lien on my property. I received NO notice that there WAS a lien. I’m on Social Security Disability. I’ve contacted the mayor and my senators. No help received. Where do I turn?
Re: “Notice of Sold Lien” NYC - Posted by Frank Chin
Posted by Frank Chin on July 29, 2006 at 06:37:26:
M. McCaffrey:
Not commenting on the legal issues here. I live in NYC
- US Senator and mayor’s office is not the place for the complaint. Lower level officials would be more helpful, i.e., city councilman, state senator, assemblymen etc. I got a US Congressman to work on an immigration issues, but called a local councilman when I was annoyed the garbage wasn’t picked up. Guess what?? The sanitation department called my house to say they’re sending a truck just to pick up my can of garbage, and would my wife be home at 3:00PM so they can call to confirm if its done. Also, the immigration dept found a file that was lost for two years, but found it by coincidence a week after a visit to Congressmen Ackerman’s office. Coincidence??
You just got to know who handles what.
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You may qualify for legal aid. I’ve called the local Bar Associations in Queens and Brooklyn for referrals and you can usually get 30 minutes consultation for free as part of the deal for attornies that they refer you to.
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There are small local papers where this can be an interesting story (headline: widow on SS losing home), and usually reporters can get hold of the right parties, including the councilman, state assemblymen etc., especailly those who want to have credit, and pictures taken with a smiling you to be shown in the local papers when the issue is resolved.
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Newday used to have a “Money and Careers” section, now combined with another, and I wrote to one of the reporters there on a problem I had where my health insurance didn’t pay the doctor and hospital. The writer interviewed me via phone for the column, then called the CEO of the insurer on a Wednesday for an interview, and the red faced official approved the payment for that Friday. Your problem is the type of problem that would fit very well in that section. Henry Gilgoff is the name of the reporter, and he still writes occasionally columns on such subjects.
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In fact, later on when the hospital dropped the ball, referred my case to collections not realizing the payment was already made in full, I made a copy of the story that appeared in Newsday, faxing it with a cover letter to the collection agency. Told them the reporter and I discussed doing a followup article on how screwups like this can lead to “collection agency pursuing erroneous claims”. The story will feature collection agencies dunning “innocent victims”. After I faxed the letter in to the agency, and got a call an hour later saying that they took care of it, and they never bothered me again.
What boro are you located in??
Frank Chin
PS: Once, the neighbors and I had a problem with a contruction site down the street. The group of them was talking on the street angry that after calling the mayor’s office and sanitation for months and nothing was done.
So I chimed in, “why the mayor’s office, shouldn’t you call your councilman??”. So one guy said “would have called if I knew who he was”. I said "his name and picture (re-elect councilmen Lisa) is right on an utlity pole on the corner, and the whole group of us went down to look. A week before elections is a great time to get help.
The group looked at me, and one guy said “since it’s your suggestion, why don’t you call the councilman”.
I did.
Sanitation inspectors were all over the site the next day. I was so happy with the response that I called again when they didn’t pick up my garbage. That’s when they sent one truck to pick up my can of garbage.
My wife analyis of the situation?? Ayone who knows exactly the right person to call is a smart electorate and an elected official better not p*ss him off. Someone calling a US senator on a can of garbage is an idiot that you can ignore.
Re: “Notice of Sold Lien” NYC - Posted by John Merchant
Posted by John Merchant on July 28, 2006 at 13:08:17:
A visit by you to the Deed Records office in your county would show you the details of the lien that was filed, showing exactly what kind of lien it was, where it arose, etc.
Once you know, then you can go to work to resolve and settle whatever debt is owed.
The original in the deed records would tell you what your rights are under NY statutes or whatever law enabled the lien to be filed…so the lien itself will tell you how to pay it and get it lifted.
Do you know if your RE property taxes are current?
All this should be stated on the Lien itself, in easily read language and if that’s the case, no lawyer would even be needed.
Legal issue - Posted by John Merchant
Posted by John Merchant on July 28, 2006 at 11:07:17:
Since you posted this on Legal Forum, you obviously recognize it’s a legal issue.
With any serious legal issue with this much personal financial impact, I’d be wanting to consult with my own lawyer, just as with a Med or Dental issue I’d be talking to an MD or DDS.
Re: “Notice of Sold Lien” NYC - Posted by M. McCaffrey
Posted by M. McCaffrey on July 29, 2006 at 20:02:11:
Yes! I found out this week that you are correct! My local congressman (Mr. Oddo) has called me. I’m hoping against hope that between the lady from Mr. Oddo’s office and I, we’ll find that “right person.” I have also considered going to the press. Selling liens is something that New York City does routinely (who knew), so I can’t be the first or only person in such straits. But I don’t think many people know about this and what a nightmare this can be.
My only tiny disagreement, is that writing to Senator Clinton, who forwarded my correspondence to Congressman Oddo, was a good thing. But I agree with you, that had I known what you now know, I would have saved 10 days of waiting.
From all that I have learned in the past 2 weeks, I realize I need an attorney. But finding the right one . . . well, I will try Legal Aid, the bar associations, and continue trying to get through to Legal Services of New York.
All the time you took to write to me is appreciated more than I can say! I needed the shot in the arm your letter so kindly supplied! Thank you, thank you, thank you. (If you think of anything else, don’t hesitate to contact me! I love your wife’s succinct analysis!)
Re: Legal issue Don’t Give up yet, please! - Posted by M. McCaffrey
Posted by M. McCaffrey on July 28, 2006 at 22:32:16:
PLEASE don’t give up on me yet! I have all the information you mentioned. I believe that there was a failure in the procedure to notify me before the lien sale. Apparently NYC should have notified me before the sale, so I could make payment arrangements with NYC before May 19 (the date of the sale). I found out about the sale July 9 (oops, too late now!) No prior notice was received.
How do I find the bulldog attorney I need? (The whole story is much more complicated.) Do I need a real estate attorney? A housing attorney? A point in the right direction would be so very appreciated. This is a nightmare I believe could have been avoided. But I need a point in the right direction to deal with what is, now.
Thank you for your time and kind attention to this.
Re: Legal issue - Posted by M. McCaffrey
Posted by M. McCaffrey on July 28, 2006 at 12:14:32:
Right. What kind of attorney should I seek?
Thanks.
Re: “Notice of Sold Lien” NYC - Posted by Frank Chin
Posted by Frank Chin on July 30, 2006 at 07:08:35:
M. McCaffrey:
Glad that your Congressman’s office is at work on it.
Just thought I mention that I find the City Council guys a little more familier with operation of city agencies, and can get to the people in charge a lot quicker. Won’t surprise me if the Congressman’s people is going to get hold of the City Council guy. Usually, these guys got store front offices in your local district you can easily walk to. Wouldn’t hurt to check.
You can go into the NYC council website, and find your local councilman:
http://www.nyccouncil.info/constituent/index.cfm
Let me know how this goes, and if I can be of further help.
Frank Chin
Re: Legal issue Don’t Give up yet, please! - Posted by John Merchant
Posted by John Merchant on July 28, 2006 at 22:57:44:
Ah, now we’re learning there was a sale, not just a lien.
Seriously it’s time Monday you get on your horse and find a lawyer who’ll take this on…while it may be tough, you’ll do no good without him/her on your side.
A Pro Bono lawyer maybe, one who’s used to representing the underdog against the establishment…and if you’ll do some hanging out at the closest courthouse you’ll likely find some good examples down there defending their trod-upon clients.
I sure wish you well and hope you & your bulldog lawyer can nail’em for what they’ve done to you.