Stolen Horse--Man is BACK in jail!

[bonniebe]

my $250,000.00 refinance loan got held up for 3 weeks over an $85.00 lien!!! put a lien.

 

[CityChicker]

Someone that has done it, please explain this lien thing. I have never heard of such a thing. I have heard of liens before because I used to be a real estate broker. If someone had an interest in a property (like someone that had done work on it), they could put a lien against it if they weren't paid. I have never heard of private individuals being able to just go out and put liens on each other. How in the world would that be policed? If it is possible to do that, I have a few people I would like to have done it to! I would think that if you could do it (outside of like a real estate deal), that you would have to have some sort of unpaid judgement against the person. Otherwise, what would stop people from just randomly putting liens on each other?

 

[Kelsykin]

At least where I am you have to have a judgement against the person. I would be careful. If the name is common in the area there could be many many people / properties involved.

Had it happen to a friend. He went to refinance and turned out that there was a lien. He had to call the company that put the lien on the property. Here they put the lien on any property with the name on the deed / title in the state. The lien company took my friend's info and after 2 visits by the lien company and the lien company verifying that my friend was not even close to the guy they wanted. The lien was removed.

 

[Wifezilla]

I have never heard of private individuals being able to just go out and put liens on each other.

A friend of mine is a graphic designer. She put a lien on the home of a man who stiffed her out of a couple thousand dollars worth of design work. She was able to do this because he used his home office as his business.​

 

[CityChicker]

Kelsykin and Wifezilla- That is pretty much all I have ever heard of a lien being used for. Whenever I have heard it mentioned, it is in relation to work done (or something sold) that can somehow be attached to a property. I think I have heard of mechanics being able to put liens on cars too (but, I am not sure how that works). As I said, I would think to get a lien on a person, you would have to have some sort of legal judgement. I am just guessing though. I can't imagine how it would be monitored otherwise.

 

[WalkingWolf]

Quote:
I do not believe a legal judgment is required, liens are also not written in stone and can be contested. In this case another person clearly holds RoPo's property. And is under a restriction to take proper care and not dispose of such property. I would think this is plenty for a lien. The lien would have to be filed with all recorders of title property, this would be the state and the county, I believe most times they are filed at the recorder of deeds, who then notifies the state. From my understanding anybody can file a lien, but also anybody can be held responsible for filing a bogus lien. In her case I do not believe the lien would be bogus, and necessary to protect her property(Max) from further sales or neglect.

 

[CityChicker]

So, what you are saying now is that it would have to be against a property? I guess I am just not understanding how you think this is possible to do. Yes, deeds are registered usually with the county (at least here). I can't imagine though that someone could just go in and file a lien against someone's property just on their word alone that the person owes them something (other than a contractor or service provider), especially in a transaction that has nothing to do with the property or work associated with it. A lien in real estate is generally used when someone has a financial interest in a property, like they did work on it. If you could just go in and say a person owes you money for something else not related to income potentially being generated from the property, it would be open to all kinds of abuse. What would the horse have to do with the person's real estate property? How in the world would this protect the horse from sale or neglect?

I would think something could be done like this if a person defaulted on a judgment, or as I said- if they have an interest in the property. I just can't imagine you can randomly go put a lien on someone. If that were possible, scammers would go put liens on people all over the place. If this were possible, what would even be the point of small claims court? If anyone knows something more specific to this situation, please say so. I think, in this case, an attorney is almost a requirement at this point (but, I definitely understand not being able to afford it). Surely, with all the members here, we must have some attorneys or know of some in that area that could help at a reduced rate. Maybe even check at the ag. related businesses you frequent to see if there is anyone that specializes in legal issues. I know at my feed store, they have a bulletin board with probably at least a hundred business cards advertising all sorts of services. Maybe someone will cut you a break once they hear your situation and all you have been through. I imagine you have already called all the other local legal aid places? (if they even exist there, that is). I think the idea of trying to see if Wal-mart does reduced cost legal services for employees is an awesome idea. I have worked for a few companies that have done that.

Good luck! I hope all works out.

 

[Kelsykin]

That is why you have to use a lien company here. They make sure you have a claim and do a property search.

My friend happened to have a common name and the guy who the lien was suppose to be against had the same first and last name. The thing that saved my friend was the guy they wanted was African American and my friend is Caucasian.

 

[WalkingWolf]

Hospitals, businesses, other individuals file liens all the time, again you are held responsible if you file a false one and they are not written in stone. My friend in Fl had a lien filed against his 64 mint panhead by a individual that just wanted it. The lien was wiped clean in about a week after he contested it. I am sure rules are different from state to state, and stated I was not sure it would work. But I think at this point it is in her best interest to check it out.

 

[CityChicker]

Yeah, I agree totally. It is definitely worth pursuing. I think it is a great idea if there is some way to do it. I didn't even know there were lien companies. That is great to know. I say, at this point, try anything that might have any chance of getting this resolved.