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1. three years ago, someone (Larry) filed a complaint

against Dennis. According to the...
1. three years ago, someone (Larry) filed a complaint against Dennis. According to the file document that address is*****
2. Since no one's name called Dennis at this address, no serve was done and finally Larry obtained a default judgment against Dennis about $9000. It is still active.
3. David has been living at 1234 Baltimore for more than 10 years. David has never changed his name . His DL, Passport, utility bills all showing his name is ***** ***** he has the same last name as Dennis.
4. Recently, David applied refinance with cash out through Bank A. The amount is $100K
5. Title company B holding $20K and only fave David $80K
6. Since Title Company B said there is active case against Dennis. David's address is the same as Dennis and both have the same last name.
6. Title company B asked David to prove Dennis is not him and never be involved any litigation. David can not prove negative thing.
7. There is no escrow agreement signed by both parties
8. There is no escrow account name, bank's name, how long the escrow will be hold. These are required by law.Question:
1. What David should do? Small Claim Court only take the case not larger than $12K. May David has to go the Court of Common Pleas?
2. Bank A told David that it is title company B's action
3. In my opinion, It is not David job to prove anything but the original Plaintiff's job to prove that David IS Dennis.
$. It is not title company's job to prove David is Dennis since neither tile company B nor Bank A were the any parties of the active case.Thanks
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Answered in 33 minutes by:
1/22/2018
Ray
Ray, Lawyer
Category: Legal
Satisfied Customers: 48,885
Experience: 30 years in civil, probate, real estate, elder law
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Hi and welcome to JA. Ray here to help you today.Please bear with me a few moments while I review your question and respond.

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1. What David should do? Small Claim Court only take the case not larger than $12K. May David has to go the Court of Common Pleas?

If you want the full amount you would have too.You could sue for small claims max amount and eat the small loss here.

2. Bank A told David that it is title company B's action.

He would have to sue title company to claim the funds/damages here

3. In my opinion, It is not David job to prove anything but the original Plaintiff's job to prove that David IS Dennis.

The problem with judgments is they run against the land, if if there is a recorded judgment against the land, even if wrongfully in the wrong name , he would have to file suit to quiet legal title or sue for damages or both.
$. It is not title company's job to prove David is Dennis since neither tile company B nor Bank A were the any parties of the active case.

See the above.The lien here and cloud of title runs against the property if the person named in judgment was ever an owner. A suit to quiet title would wipe the lien off and give him clear title.He can seek damages here too including legal fees.This would likely be the best remedy here.

Certainly this is a complicated title and lien situation.It may well require a a lawyer and suit to quiet title and for damages as well.

Thanks again and thanks for rating 5 stars.

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Customer reply replied 6 months ago
1. There is no lien on the land or David property. Since the default judgment IS against Dennis, Nobody knows who is Dennis and where he is living. It is artificial and created fake person.
2. Therefore I plan to file the complaint against Bank. Since it is Banks loan is $20K shortage. Not title company. title company is just a service company.Am I right?

2. Therefore I plan to file the complaint against Bank. Since it is Banks loan is $20K shortage. Not title company. title company is just a service company.

Am I right?

In this case you are correct and you sue the bank here.You have the right idea.

Ray
Ray, Lawyer
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Satisfied Customers: 48,885
Experience: 30 years in civil, probate, real estate, elder law
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