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how do i put a lean on property where the owner owes me mone

how do i put a lean on property where the owner owes me money...I would like to know the steps that I neesd to take to pout a lean on property where the owner owes me money and refuse to pay me?

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

your first step is to send him a demand letter (use certified mail/return receipt) insisting on payment within a specified period of time. if he fails to comply with your demand, you'd then have to sue him. depending on the amount, you may be able to use small claims court to file your suit. that is considered "the people's court" as it requires no legal representation, and you can file the suit yourself.

you may want to call your local small claims court first to see what they tell you about the process.

once you've begun your lawsuit, the court will review your claim and schedule a hearing. the court will issue a judgment in your favor (assuming you can prove your case). of course, he can pay you at any time in this process.

if he fails to make payments based on the judgment awarded to you, you can then file a lien against his property. for this you will likely want to obtain the assistance of an attorney. keep in mind that any costs you incur in trying to obtain your money would be passed along to him also.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi free2singout!

Welcome to forums!

I agree with George here that if you want to place a lien on the property, you will have to file a law suit at the small claims court. The court will pass a judgment in your favor and it will help you in placing a lien on the property.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

How can I sue someone who owes me $259,000.00?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

see above for most of the answer, but also keep in mind that $259K is not going to work in small claims court. you'll need to engage the services of a lawyer to sue.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My X husband is sellin ghis ocmpany/ building that we owned when we were married. SInce he has refused to pay child support and owes my son 22,000 in child support, can I place a lean on his property.
I made nothing in the settlement and that is fine, but because he lives in Thailand he thinks he does not need to pay. But his company is in Austin Tx. and he happens to be in town. What can I do? Serving him will do no good. He just ignores the papers and will then leave town.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

assuming you have an attorney who can work with you in this situation, you may be able to do something in a reasonable amount of time. where are the courts? they would need to be involved i would think.

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sara's picture
sara | Joined: July 5, 2006 03:16 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tisha,

In order to place a lien on the property, you will have to file a case in the court. As George has suggested, you will have to take the help of an attorney in this case. If the court passes a judgment in your favor then you would be able to place a lien on his property.

Take Care

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I live in Texas and i just won my small claims of 10k. I know this person will not pay so i would like to know how can i garnish her wages, put lien on her property etc?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Tara you should go back to the court with your questions. if your debtor does not pay according to the terms of the judgment you've received, then the court will allow for a garnishment of her wages or her bank account. they can also direct you (perhaps) on the placing of a lien on her home.

if they are unable to assist with the lien issue, you'd want to discuss this with an attorney, and you may have to seek the attorney's assistance to get this done.

in any event, any of your costs in trying to collect against this judgment should be recoverable. check with the court on that as well, and you'll obviously want to keep copious records of your expenditures.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I sold my house. I have 3 loans on my house during that time and I gave all my loan number and the phone number to them and told on the time of settlement. The third one also primeloan.I have a credit card and I was using card to draw the money. After i yr later I moved and I was not getting the bill. I went to the bank I told the why I am not getting the bill. That is the time they told me the loan is still on that property that I sold. The title company made the mistake. what is the further thing I have to do. The bank told me that is the responsibility of the title company.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

mthomas, you need to immediately take this up with whoever was representing you in the sale. if it's the title company, then you must contact them...if you had an attorney, then contact that person.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have fallen prey to the owner foreclosing on my rental owing me prepaid rent and deposit. its there something more we can do to get our funds back? there are so many of us that this has happened to. i get no response from the owner.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

You want to contact one time more.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

guest, i am afraid "contact(ing) one time more" is pretty useless advice in this situation.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

George,
My company has performed landscaping services to a real estate agent in a rental/for sale home.
The only documentation that I have as proof are emails and text with the client requiring such services. I don't have a contract signed by him. Will that back me up?
The amount owed is less than $1,000. However, I don't want for this individual to get away with this. It is more of a principle situation.
What is your advise?

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

that's a perfect small claims court scenario. you've got some sort of evidence that you were asked to perform a service, and if you've got any semblance of established prices for the work you performed, you ought to have a pretty good case for winning in court.

you'll need to send (certified mail) a demand letter to your debtor, allowing 10, 14, 15, 30 or however many days you feel is adequate for them to perform and pay you your fee. in that letter, you will indicate that non-payment will result in the bringing of a lawsuit. many times that will cause someone to pony up and pay the bill.

check with your local court system to find out how to sue in small claims - it's easy and you don't need a lawyer. if your time period elapses, don't delay in filing your claim. make sure you have sufficient evidence to prove what you claim and you'll win.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

this customer refuse to pay,and we are wondering if there is a due date after the invoice is issue to be able to claim the payment, or if we can do it even after many months

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

this customer refuse to pay,and we are wondering if there is a due date after the invoice is issue to be able to claim the payment, or if we can do it even after many months

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

cristina, you ought to put a specific date on your invoice so that you can jump in and take action right away in the event of non-payment.

i guess that's not there now, so what you've got available to do is to write a demand letter to your client, stipulating that you will allow a certain number of days for that client to pay the bill that's due, or you'll bring suit against them. Assuming it's a nominal amount, you can bring suit by yourself in small claims court in your area. Their filing fees are nominal, and you'll be awarded those fees back if and when you obtain a judgment in your favor. give a couple of weeks at least, or a month at most, in your demand letter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

The owed is back child support from a dead beat dad that owes me over $142,000 dollars and going through support kids they want 38% of what is collected! so putting lean on some property that my x inherited would be the next way to go about having some sort of compensation! I am done being nice

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jenkin7's picture
jenkin7 | Joined: June 4, 2007 11:02 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

You can put a lien on a property owned by your ex-husband if he owes you back child support. You will have to go to the divorce court and get a judgment against your ex-husband. However, before doing so, you need to make sure if he really own the property. In some cases the state laws, like in Iowa, do not allow you to put lien on your ex-spouse's property if he/she owns it in joint tenancy along with some other person. You can check your state laws with a family law attorney before putting a lien on your ex's inherited property.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i moved in a house lease with option to buy i was renting for 4 months first when i moved in and had utilities turned on all the plumbing had been cut out from under the house ipayed plumber to repair it the landlord turned it n to his insurance,collected the claim and refusses to reimburse me.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Tina, did you have an agreement with the landlord to have this work done? If not, you might be out of luck. One of the methods by which you can settle this situation is to seek out the assistance of small claims court. Of course, that will depend on the amount of money involved also. If your out-of-pocket expense exceeds small claims limits, you'd be required to use a different court to recover your money. Check with small claims court first, and check with your state's attorney general as well, to determine how best to handle this loss.

I hope you had some sort of agreement to begin with about the repairs.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Party is applying for a reverse mortgage if I place a lean on the property will the reverse mortgage be granted??? State of Pennsylvania

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

The reverse mortgage lender will ask the senior homeowner to pay off the liens and then apply for the loan. If the lien remains on the property, then the lender will not be ready to give a loan.

Thanks,

Jerry

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

There's another scenario here, too, Jerry. Lenders always require that a lien be paid off in order for their mortgage to take place. Payoff of this particular lien could happen simultaneously with the closing of this new reverse mortgage. For those with a lack of funds, this is the method they'd use.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm a sub contractor, I did a tile job in a restaurant and know the guy that hired me to do the job doesn't want to pay me, what do I need to do.

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Javier!

Welcome to forums!

If you've a contract with the restaurant owner regarding the contract job, then you will be able to place a lien in order to recover your dues. You need to contact an attorney and check out what steps you need to take in this regard.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have a promissory note, notorized, for $45k secured by property in Texas. I live in NC, the owner lives in Texas. Do I have to have an attorney in Texas? And do I have to have a copy of the property's mortgage?

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

correction. The owner lives in California.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Ok I have a unique situation. I had my travel trailer on my nieces property. I told her I wanted to pay her 100.00 a month to have it there. She said I could but did not have to. Well I paid it for a few months then my husband lost his job. So I could not pay it for a couple of months. Well we went out of town to visit grandchildren and help with them, and she calls wanting to know if we want to sell out travel trailer...it is our only resident our only home....we told her for the hundreth time that was all we had and we did not want to sell it. Well that night it was sold and ended up at the peoples house she was trying to get us to sell it to. They just happen to be her ex-inlaws. Now we have to file charges to get it back.(It had all our personal property still in it). Now she is calling us threatening us with a lien on it so we cant get it back. What is our next step and what if any rights does she have? And what are our options. The people who bought it knows it was not for sale. WE have the title and the bill of sale where we bought it.
Thank you!

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

It sure is unique. You're going to have to retain an attorney, I think. This is far more complex than you simply stating the obvious, that you own the trailer and nobody else and that the sale was a fraudulent one.

You certainly don't want to get into a row with your niece or her former inlaws, and it is wise that you be physically removed from their proximity - who knows what'd result?

Check in with your lawyer right away, too.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my mother-in-law co-signed for her granddaughter's college loan. she has graduated and hasn't found a job yet or paid for her loan either. college is threating to put a LEAN on grandma's paid off house. she is 88. is there anyway grandma can get out of this ? for example- saying she has dementia and getting a note from the doctor regarding her well-being. please give me some advice on this terrible situation.
thank you

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Niicss's picture
Niicss | Joined: October 3, 2005 11:54 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

As the grandmother has cosigned for the loan, the lender has the rights to come after her unless the loan is paid off. I don't think a doctor's certificate regarding dementia can help her in this matter.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I agree, Steve; unfortunately, cosigning on a loan is equivalent to being the actual borrower. Each of them - the granddaughter and your Mother in law - is liable for payment of the debt. Clearly, the lender is threatening the lien because they want their money back - logically so, of course.

No doubt the granddaughter is attempting to find work, and eventually will. Perhaps (if she knows no better) some friendly advice would be beneficial to her. She can seek a hardship deferment - delaying payments for a period of time - based on her inability to find work. The interest earned by the lender will accrue to the balance, which won't be much of benefit, but she'd be able to try to stabilize her situation for an additional period of time before the deferment ran out and payments were once again expected.

By doing this, also, she'd save her grandma the grief of being contacted, of having a lien placed, etc.

I aqree that her state of mind will likely not be much evidence that the lender ought to leave her alone. Now, if her state of mind was an issue when she signed the note originally, that'd be another story altogether, I have to imagine.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Do i have to court to do a lenders loan? My son and his wife borrowed over 100.000 to pay off their house when the economy went down. We cut that in 1/2 for them but she is threatening to sell. Can i just do a paper on it that it can't be sold without being paid for. The house is in their name but ihave papers signed by them re the loan. Attorneys and court are costly tho too and i am now on a very budgeted income.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I guess the above is a question and not an answer. Sorry can someone help anyway?

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jean,

If you have legal documents which proves that you have given a loan to your son and his wife, then you have all the rights to recover your dues. If they are not giving back the dues, then you will be able to take legal actions against them.

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gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Jean, you certainly can collect on your obligation. However, if you didn't place a mortgage lien on the home, you won't be able to force them to pay it off when they sell. You may be stuck waiting for that payoff to come. You'd be wise to sit down with an attorney and go over your options as quickly as you can so as to ensure you'll get your money back in a timely manner.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i has old bill sell the bill.i pay on the bill lost my job call them and i talk to them wing i get a job i pay . lean on my to car is it legal.

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jerry's picture
jerry | Joined: October 17, 2005 03:24 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi andre,

If you don't pay off the bills on time, the lender will have the rights to place a lien on your property. In order to place a lien on your property, the lender will have to file a lawsuit against you and get a judgment.

Thanks,

Jerry

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

sold some property in Mexico but the buyer dont want to pay me 100k that he owes me.He lives in Texas can I filed a lien on his property.

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome J rodriguez,

You can file a lien on the property. However, in order to do so, you need to file a lawsuit in the court and get a judgment in your favor.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My aunt (still alive)willed her house to my half brother.I am taking care of everything for her pertaining to the house as half brother won't help in any way.All he is doing is waiting for her to die so he can sell the house for the money.I told them he needed to help me with everything & they said he didn't have time,he lives 10 minutes from her & i live 80 miles from her & drive down & back 1 or 2 times a week to take care of her & fix & repair things so i am thinking about putting a work lien on the property(I am the administrator of the will)Property is in Mississippi & i live in Tennessee.I mentioned this to my aunt & she said she didn't want to make them mad,what should i do.

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jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Jerry,

You can contact an attorney and take his opinion in this matter. He will let you know whether or not you will be able to get a judgement to place a lien on the property.

Thanks

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i didnt get payed by my emploer ows me 2 weeks pay 1000$ he let 3 of us go with out saying anything the acc said he contacted him and he said we were part of the reason we got fierd or wut ever the time was put and on file we did nothing to cause anything it jus his word we did the work he trying to weasle out of paying us wut can we do

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smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

Well... this is hardly something which I can comment on. Nevertheless, taking legal actions against that employer can be a good option. Thus, I will suggest you to contact an attorney and take his opinion in this matter.

Feel free to ask if you've further queries.

Sussane

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my ex husband wants to put a lien on my two arces its been almost year since we divorse we agree to pay on a credit card ,its under his name so collector are calling him he.has never sent me a statement and now he wants to put a lien on my empty lots can he do that???

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adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi arcy,

Your ex-husband cannot arbitrarily put a lien on your property. Your ex-husband will have to file a lawsuit against you and get a judgment in order to place a lien on your property. I will suggest you to contact a real estate attorney and take his opinion in this matter.

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Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have put a lien on a house and just found out it was sold..How can it be sold with a lien on it.

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