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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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IM TRYING TO GET A LOAN, IT POPS UP THAT I HAVE A LIEN AGAINST

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IM TRYING TO GET A LOAN, IT POPS UP THAT I HAVE A LIEN AGAINST MY HOME FOR BACK CHILD SUPPORT. BUT THE GUY THEY'RE AFTER IS NOT ME. WE HAVE SAME NAME , HE HAS A MIDDLE INITIAL I DONT AND DIFFERENT SOCIALS OF COURSE. BUT MY PROPERTY IS NOT HIS. WERE DO I START
-Could you explain your situation a little more?
Is the lien filed by the state or by some collection agency?
Do you have any child support case that this could be confused with or is it simply someone else and you have no child support case of your own?
Customer: replied 3 years ago.


it was filed by state in 2004 on behalf of plaintiff .I have child support but just started it last year and its current. this guy , we have the same first and last name but he has a middle name .now as this court printout shows he is in arrears on his child support for 4k+,then the next line states... issue transcript of the docketed statement to wake county where the defendant has property. my property is or home is in union county.but they linked him to my property. how do I go about getting this corrected , its effecting my credit

Dear JACUSTOMER - If this was from 2004 and it was filed in the wrong county you should be able to have the lien released by whoever filed it. I would assume that it was filed by the child support enforcement agency so that would be the first place to contact. If you are unsuccessful in getting anyone to assist the only legal way to have this removed is to file what is called a "quiet title" action in your local county court and have the court order that the lien be removed. If the lien was filed by a private collection agency you can sue for damages for slander of title and for the costs of removing the lien. If the lien was filed by the state it will be much more difficult to sue since the state has immunity from such actions. You may want to start by looking in the county records where the child custody case was field to see if the case is still active and whether any liens have been released in the other county. If they have then it would be much easier to get the lien released in your county regardless of who the defendant is. At the very least you will need to sign an affidavit stating you are not the same person listed in the lien and you can file that in your county offices. Some lenders will accept an affidavit as part of the title search so I cannot tell you if that will be successful for your situation. It depends on the lender. Depending on the amount of cooperation you receive from your lender and from whoever filed the lien this can be a relatively simple process or it could be something that you will need legal assistance to accomplish.
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