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If I had a judgment lien on my property but did not know…

Customer Question
If I had a...

If I had a judgment lien on my property but did not know about it and yet the lien was satisfied back in 2010, do I have any recourse as my vehicle loan, credit card etc. interest would have been adversely affect from 2010 until now (2017) when I only found out about the lien because I wanted to get a mortgage

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

New York

Lawyer's Assistant: Has any paperwork been filed?

The judgment was put on by the claimants' lawyer and was filed back in 2010 with the county. I have the insurance company's check and letter that states when the claimant's lawyer received the payment which was in 2010. I also spoke to their lawyer and he said that he paid them.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

No. Only that the lawyer that handled this case for me assigned by my insurance company at the time stated that my neighbor who was suing me was quite "litigious".

Submitted: 7 months ago.Category: Legal
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Answered in 1 minute by:
10/3/2017
Lawyer: Olivia Kent, Attorney replied 7 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Legal
Satisfied Customers: 3,277
Experience: Partner at Kent Law Group, LLC
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Hello. My name is ***** ***** I'll be happy to help you. What can I answer for you... I'm not quite sure I understand what your question is.

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Customer reply replied 7 months ago
Does the claimant have to remove the lien within a certain amount of time after it is satisfied? If interest on loans etc. that I took out during this period were adversely affected by this lien, can I get any kind of financial settlement from the claimant for erroneously affecting my credit scores etc.
Lawyer: Olivia Kent, Attorney replied 7 months ago

In theory people are supposed to remove liens once a judgment has been satisfied but there's no law stating that it must be done and otherwise you're entitled to a financial settlement. Presumably whenever you went to take out a loan that's when you would have found out about the lien and would have had an opportunity to remedy the error prior to your loan - but the person to whom the original judgment was owed does not owe a duty to you to remove the lien. Does that make sense?

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Customer reply replied 7 months ago
Unfortunately, that was not the case. The loans (back in 2011 and 2013) were for tractors for semis. One loan was for over $32,000 and the other for over $11,000. No lien was ever mentioned. I am sure that my credit score was required. Would not the loan rate be affected by the lower credit score with a lien?
Lawyer: Olivia Kent, Attorney replied 7 months ago

I'm sure it would have been but there's no way to relate how much you would have paid if there was no lien to how much you paid when there was. And, again, there would need to be some duty he has to remove the lien. If anything, the bank should have told you about the lien when you went to get a loan - and also someone could argue that if you had looked at your credit report you would have seen it. So, you see, lots of variable to this one and suing someone with this many variables in the mix is often not the greatest idea.

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Customer reply replied 7 months ago
OK. Thank you for your help.
Lawyer: Olivia Kent, Attorney replied 7 months ago

It's my pleasure. I'd be happy to help you if you have additional questions. And if you wouldn't mind could you please take a moment to check the box stating that I answered your question - so that I get credit for working with you.

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