What is the name of your state (only U.S. law)? Pennsylvania
Long story short...
I was married and my former wife was taken to court by a fellow student at the local community college. The case was seen by a Magistrate and was found in favor for the Plaintiff for the amount of $0.00. He didn't like the judgment and filed an appeal. The same day he filed the appeal he placed a lien on (at the time) our property for $159.50. The appeal went to an arbitration panel and they awarded the person $142.00. I mailed a postal money order and within 2 weeks of judgment the money order was cashed and all forgotten...
Fast forward two years and I am now trying to refinance and file a Quick Claim Deed (QCD). During the title search the company found the lien and is requiring me (rightly so) to prove the lien was satisfied. Aside from the surprise of finding out there was a lien, I have sent a letter to the person requesting that a satisfaction of judgment be filed and I can move forward with the refi and QCD. There were extenuating circumstances (alleged harassment) against my former wife, but on the advice of her legal council at the time nothing was pursued...
Legal council says that the person must comply with the request and if not there is a cause for further legal action on my part. My questions are state specific...
1) How was he able to file a lien without notification to either myself, or my former spouse?
2) There was no judgment at the time the lien was filed, in fact I have a copy of the Magistrate's decision dated 7 days before the lien was filed awarding him the amount of $0.00, so how was he able to file a lien?
3) If he doesn't comply with the request could this be considered harassment?
4) I stand to lose $250.00 per month if my locked in rate is lost...would he be responsible for this if it was found that he was negligent in his civic responsibility?
Thanks!!!
Long story short...
I was married and my former wife was taken to court by a fellow student at the local community college. The case was seen by a Magistrate and was found in favor for the Plaintiff for the amount of $0.00. He didn't like the judgment and filed an appeal. The same day he filed the appeal he placed a lien on (at the time) our property for $159.50. The appeal went to an arbitration panel and they awarded the person $142.00. I mailed a postal money order and within 2 weeks of judgment the money order was cashed and all forgotten...
Fast forward two years and I am now trying to refinance and file a Quick Claim Deed (QCD). During the title search the company found the lien and is requiring me (rightly so) to prove the lien was satisfied. Aside from the surprise of finding out there was a lien, I have sent a letter to the person requesting that a satisfaction of judgment be filed and I can move forward with the refi and QCD. There were extenuating circumstances (alleged harassment) against my former wife, but on the advice of her legal council at the time nothing was pursued...
Legal council says that the person must comply with the request and if not there is a cause for further legal action on my part. My questions are state specific...
1) How was he able to file a lien without notification to either myself, or my former spouse?
2) There was no judgment at the time the lien was filed, in fact I have a copy of the Magistrate's decision dated 7 days before the lien was filed awarding him the amount of $0.00, so how was he able to file a lien?
3) If he doesn't comply with the request could this be considered harassment?
4) I stand to lose $250.00 per month if my locked in rate is lost...would he be responsible for this if it was found that he was negligent in his civic responsibility?
Thanks!!!