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socrateaser
socrateaser, Lawyer
Category: Legal
Satisfied Customers: 37960
Experience:  Retired (mostly)
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What rights do you have against a bank application of a

Customer Question

What rights do you have against a bank for the application of a lien, in the wrong names on an account that has been settled. To note... Was a family business dispute was over a repoed airplane. My husband was not on this note... Nor was I.... But we have a lien on our land now. And my inlaws who owned the plane-nothing! Please help me understand what is allowed by law
Submitted: 1 year ago.
Category: Legal
Expert:  socrateaser replied 1 year ago.

Hello,

An erroneously recorded lien against real property is legally termed, "slander of title." This is a lawsuit under which you would show that the lien damages your property interests, and therefore you are entitled to damages for the wrongful recording. Assuming that the bank is unaware that it has recorded a lien against the wrong person, I suspect that a letter from an attorney to the bank could probably result in the removal of the lien without having to sue.

Obviously, you would have to pay the lawyer to write the letter, but, you may be able to get the bank to reimburse the legal fees to you. You could also complain to the federal Consumer Financial Protection Bureau (CFPB), if the bank is a national association. If the bank is state chartered, you can complain to the Texas Department of Banking.

I hope I've answered your question. Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

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Customer: replied 1 year ago.
Thank you for this VERY valuable info. We are retaining an attorney and will likely seek legal action against the bank. Have a fabulous Thanksgiving....
Expert:  socrateaser replied 1 year ago.

Thanks for your kind words.

Please let me know if you require further clarification. And, please provide a positive feedback rating for my answer -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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