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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10237
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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How can you correct or erase a past record of mortgage lien

Customer Question

How can you correct or erase a past record of mortgage lien from BancBoston (1996) and they may have merged or takenover?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 1 year ago.

If the lien cannot be removed through negotiations (this would have to be traced through their successor(s) in interest after buy outs or mergers), you will have to file what is called a "quiet title action" in civil court. (This is a very particular form of civil litigation that is used to clear "clouds on title." You can do it yourself, but I highly recommend hiring a lawyer to do this for you - it is procedurally complex, and most people lose their claim simply because they miss a procedural requirement (didn't give sufficient notice, didn't follow proper timing, etc.). I highly doubt that this particular case is going to take very much time (it is unlikely the successor in interest is going to object), but it is worth paying a few dollars to an attorney to get it done right).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
Here is the information which I was not aware. My Attorney during divorce proceeding said things are settled, but my current employer is questioning since I am in financial industry........
Filing InformationFiling Number:
###-##-####Filing Type:
JUDGMENT - PROTHONOTARY - MORTGAGE FORECLOSUREFiling Office:
PHILADELPHIA COUNTY PROTHONOTARYPAFiling County:
PHILADELPHIAFiling Date:
01/24/1996Debtor InformationDebtor:
IYER, GANESH R
*****
PHILADELPHIA, PA 19151Debtor Type:
INDIVIDUALDebtor:
IYER, SANGEETHA
*****
PHILADELPHIA, PA 19151Debtor Type:
INDIVIDUAL
Creditor InformationCreditor:
BANCBOSTON MORTGAGE CORPORATION7301 BAYMEADOWS WYJACKSONVILLE, FLJudgment InformationTotal Amount:
$83,274.00Order DocumentsCall Westlaw CourtExpress at 1-877-DOC-RETR (1-***-***-****) for on-site manual retrieval of documents related to this or other matters. Additional charges
Expert:  CalAttorney2 replied 1 year ago.

This is a little different from your first question, as it may involve a personal money judgment against you.

You need the actual documentation from the court case (the contact information is given in your lien). If it is in fact a personal money judgment against you (and not an erroneous lien against your property), it is enforceable for a period of 20 years, see: 42 PA Stat. 5529 http://law.onecle.com/pennsylvania/judiciary-and-judicial-procedure/00.055.029.000.html

Customer: replied 1 year ago.
Any suggestion for the specific situation? I think the 20 years is close to completion and is there a way to apply for and I can inform my employer that it is under process and will be removed
Customer: replied 1 year ago.
Any suggestion for the Attorney..They have to be licensed probably in PA Philadelphia.
Expert:  CalAttorney2 replied 1 year ago.

No, the creditor has a right to enforce the judgment against you up until the 20 year deadline.

As this judgment is so old, it is going to be far too old for the debtor to file a motion to "vacate" or set aside the judgment and try to contest the judgment at this time.

You can try speaking with a local attorney, but prior to spending any money on hiring one, make sure that they are clear on the circumstances and see if they have a specific plan of action to assist you.

(Really, what the debtor has at this point is they are beating the odds that the creditor is going to collect against them, it has been 18.5 years, and nothing has happened, it is unlikely that a creditor will suddenly become interested).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

Customer: replied 1 year ago.
I think I will try to get a local lawyer in PA - Phila and let them suggest. But my problems is financial industry has U4 disclosure and they were asking if this issue is settled...and may have impact on my job. Is there way to say it is in settlement process or will be removed...
Customer: replied 1 year ago.
or say my Attorney is working on settling or applied for quite tittle action
Expert:  CalAttorney2 replied 1 year ago.

For it to be in settlement, you must actually be in contact with the creditor (or their successor in interest) and have a settlement agreement in place. (This is possible - a local attorney can help you negotiate such an agreement).

However, short of either paying the debt, or negotiating a settlement, the only thing you can do is wait out the remainder of the 20 years.

(Remember, "quiet title" only applies to liens against real property, if you have a judgment against you and your attorney is filing a quiet title action, that will not affect the personal judgment).

Customer: replied 1 year ago.
My main problem is in Job. U4 form if disclosed I will not be able to work with clients because they will see. What should I say to employer to be not disclosed in my license document.
Customer: replied 1 year ago.
Bank is not interested in collecting. Actually, they have sold the property to new homeowner and they are OK, but is showing up in personal record...for job
Expert:  CalAttorney2 replied 1 year ago.

I cannot advise you of what course of action to take with regard to this.

Unfortunately, we are limited to giving "general legal information" only, and we cannot provide formal legal advice or instruction.

You have a debt, you are not in settlement, and you have no plans to pay it. If you fail to disclose it you risk compromising your license, but if you do disclose it you are going to have trouble with your employer.

This is probably a good time to contact a local attorney for a formal legal opinion. A local attorney can help you analyze your risk and perhaps come up with a way to work with your employer.

Customer: replied 1 year ago.
I should be looking for Real Estate Lawyer or any other type of Lawyer?
Expert:  CalAttorney2 replied 1 year ago.

I would recommend either a civil litigation attorney (to help you deal with your debt), or a professional licensing attorney (to help you deal with your potential risk management issues/negotiating with your employer). You may be able to find an attorney that can do both.

Customer: replied 1 year ago.
When you say Professional Licensing Attorneys is it a general attorney or security Licensing business Attorney for brokerage firms since my employer is a brokerage firm.
Expert:  CalAttorney2 replied 1 year ago.

You are going to want an attorney that has experience in helping professionals with licensing issues. If you can find one that specializes in brokerage licenses, great, but otherwise, an attorney that practices before the Bar Association (defending other attorney's licenses), the Medical Board, Nursing Board, etc. etc. will be equally proficient in this type of work.

Customer: replied 1 year ago.
Ok thanks will give a try...
Expert:  CalAttorney2 replied 1 year ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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