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Follow up to Referencing our previously conversation

For Barrister - follow up...
For Barrister - follow up to http://www.justanswer.com/real-estate-law/9nvuk-lien-property-paying.htmlReferencing our previously conversation regarding the lien on my property, my house close and the escrow company paid the lien holder off, against my rejection. Since the courts are responsible for collecting the moneys for the lien, they are holding all money paid because the original lean holder abandoned the case and apparently sold it to the company now holding the lien. The problem is that the Superior Court has issued a Notice Of Rejection citing that “The Attorney of Record Does Not Match Our Court Records”. So in addition to the money paid them by the escrow company and the money that I have already paid directly to the original lien holder, it is being held by the courts.Please advise what steps (court forms etc.,) should I file to get my money back. And in this case is the Escrow Company at fault for not investigating who the money should go to legally?State/Country relating to question: California
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Answered in 12 minutes by:
10/26/2016
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,724
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello again,

.

Ok, that is a child support judgment. So if you aren't the person named, then you can file a formal dispute immediately with all 3 credit agencies, TransUnion, Equifax and Experian, and request that they remove that from your credit report.

.

If it showed up as a lien on your property, and your escrow company paid it thinking it was yours, then you can have a local lawyer file a motion with the court in the case and request that the court release the money back to you since it was improperly paid in the first place.

.

It should be just a matter of having your attorney file the motion and explain the mix up here and the judge should sign an order directing the clerks to refund the money to you. This isn't a "template" type of thing that happens often enough so that there is a form, so your attorney will have to draft up a motion setting forth the facts in the case.

.

And no, if the name on the judgment lien is the exact same one as yours, it would be reasonable for them to assume it was yours and pay it. But since this was their mistake in not confirming it, I think you would have grounds to hold them liable for any legal costs of getting the court to release your money back to you..

.

.

thanks

Barrister

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Customer reply replied 1 year ago
I'm sorry, but I am confused...a child support judgement? What does this have to do with child support. I do not have a child support case.

Ok, this is odd, but I was working with another CA customer who also had an improper lien on their property and they uploaded a copy of the judgment...

.

So I thought that upload was yours since it is very unusual to have two very similar questions at once...

.

So forget about the child support judgment part... that was for the other question about an improper lien on the other customer's property. The rest of the answer directly relates to your situation..

.

Sorry for any confusion...that is the first time that has ever happened to me... very unusual..

.

.

thanks

Barrsiter

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Customer reply replied 1 year ago
I spoke with the court responsible for releasing the lien on my “previous” home. They have rejected the payment because the Lien holder will not provide them with their attorney and the attorney on file for the lien does match their records. The company has failed to provide information as requested to the courts. The original lien holder has gone out of business. The new lien holder has requested $5000 and was paid that amount from the sale of my home on a lien that was originally $4000 and that was paid off with the exception of approximately $700 owing. At this point the Sheriff department is holding funds that I paid towards the lien because they do not have the name of the attorney for the lien holder and the new lien holder company is holding $5000. Please advise what type of “motion” should I file, directed to whom; the Loan Company that issued the funds or the Lien Holder or both. I do not have an attorney so I will be completing the funds myself.
Customer reply replied 1 year ago
Thank you for your assistance
Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 7,430
Experience: 29 years of experience in General Practice, Real Estate Law and Estate Law.
Verified

I am a different Attorney and the site asked me to check with you to see if you needed additional assistance.

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Customer reply replied 1 year ago
I need additional assistance, I need my question answered.
Thank you

and the attorney on file for the lien does match their records

Can you explain the lien not matching the records?

The new lien holder has requested $5000 and was paid that amount from the sale of my home on a lien that was originally $4000 and that was paid off with the exception of approximately $700 owing

Are you telling me that you still need $700.00 to obtain the lien release?

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socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,381
Experience: Attorney and Real Estate broker -- Retired (mostly)
Verified

Hello,

Different contributor here.

I am a member of the State Bar of California, the Bar of the U.S. District Court for the Central District of California (San Luis Obispo, Santa Barbara, Ventura, Los Angeles, Orange, San Bernardino, Riverside Counties), and the California and National Associations of Realtors. Please permit me to assist.

For clarification purposes, do you know the identity of the current lienholder?

I just want to make sure I understand the pertinent facts, before I answer your question.

Thanks in advance for your assistance.

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Customer reply replied 1 year ago
I do know the name of the current lien holder

Okay thanks.

Cal. Code Civ. Proc. 724.050 provides a method by which you can demand a satisfaction of judgment based upon your having paid the judgment in full, and the ask the court to The fact that the court is holding the money is irrelevant, because the judgment creditor need only retrieve the money.

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 (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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Customer reply replied 1 year ago
Why is the fact that the is holding my money is irrelevant? Maybe no one is understanding my situation.I had a judgement for $4000
I was paying on that judgement which resulted in a lien being placed on my property
I HAD paid the the $4000 less approximately $800
The company with the lien went out of business and sold the account to another vender..
That vender claimed $5000 was owed for the lien (untrue)
At the sale of my property (I sold and relocated to another state), the loan company paid the company $5000.
The courts have advised me that they CANNOT provide a Satisfaction of Judgement because the attorney on file does not match their records and have filed a "Notice of Rejection.
The"new" has failed to provide the courts with their attorney and they have failed to provide the Sheriff Department ( that's who I was paying the judgement to) their Attorney.
The relevancy is that I have paid out just about $9000 on a judgement for $4000. The original attorneys abandon the case, sold it to a company that does not have an Attorney to represent them and I was forced to pay this "new company" $5000 that WAS NOT owed them.
Again, what forms do I filed, on whom; the new company, the loan company or both?
I hope that I was clear.
Thank you

Hello again,

If the attorney of record in the court file is incorrect, then you would serve your motion under CCP 724.050 directly on the assignee of the debt (the current judgment creditor).

From my perspective, this seems like a fairly straightforward matter -- but, perhaps I'm missing something important.

It's very difficult for me to provide you with a competent answer in this forum, because I need to review the case file and surrounding facts. I realize that you're coming to Justanswer for a cost-effective legal solution to your difficulties. But, sometimes, you need to hire a lawyer, if for no other reason than to straighten out the issues so that you can proceed without facing a continuing "wild goose chase."

If you give me your email address, I can contact you directly and we can discuss this matter offline. Otherwise, the only competent answer that I can provide is the one I've already provided.

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 (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

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Customer reply replied 1 year ago
My email is *********

Thanks for using Justanswer!

Ask Your Own Real Estate Law Question

The premium services offer system is re-enabled. Feel free to accept or decline at your convenience.

If not, then 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 (click 3, 4 or 5 stars) -- otherwise, I receive nothing for my efforts in your behalf.

Thanks again for using Justanswer!

socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,381
Experience: Attorney and Real Estate broker -- Retired (mostly)
Verified
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Satisfied Customers: 39,381
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