azskyz@msn.com
Junior Member
What is the name of your state? AZ
Is it possible to refinance a mortgage loan without paying a judgment lien on the property? I am in the process of refinancing my current home loan. The total appraised value is under $150,000. Given that fact, how can a judgment lien be held against the property? If I sold the property, they would not be entitled to any equity less than $150,000 (isn’t that what AZ law states)? However, if I refinance, I do have to pay the lien? I’m kind of confused.
Also, the law states I can file suit to have the lien removed if the lien is fraudulent, groundless, invalid, etc. Three years ago, I filed a wrongful termination suit against the school district I worked for. Unfortunately, I lost the case and they were awarded attorney fees, although not a frivolous lawsuit. (I learned the hard way the important of good representation!!) I knew I could probably prevail in appeals court, at least get the award of attorney fees reversed. I would have to appeal on my own, however. I chose to file the notice. Two days later, my attorney informed me that he received a letter stating that if I did not proceed with appeal, they would not execute the judgment. So, I abandoned the case. The thought of losing again and having more attorney fees just wasn’t worth it.
Two years later, I am refinancing and the $20,000 lien is attached to my property. They recorded it prior to even sending that offer letter. Obviously, I lost my right to appeal. What can I do? Any help would be very much appreciated.
Thanks,
LauraWhat is the name of your state?
Is it possible to refinance a mortgage loan without paying a judgment lien on the property? I am in the process of refinancing my current home loan. The total appraised value is under $150,000. Given that fact, how can a judgment lien be held against the property? If I sold the property, they would not be entitled to any equity less than $150,000 (isn’t that what AZ law states)? However, if I refinance, I do have to pay the lien? I’m kind of confused.
Also, the law states I can file suit to have the lien removed if the lien is fraudulent, groundless, invalid, etc. Three years ago, I filed a wrongful termination suit against the school district I worked for. Unfortunately, I lost the case and they were awarded attorney fees, although not a frivolous lawsuit. (I learned the hard way the important of good representation!!) I knew I could probably prevail in appeals court, at least get the award of attorney fees reversed. I would have to appeal on my own, however. I chose to file the notice. Two days later, my attorney informed me that he received a letter stating that if I did not proceed with appeal, they would not execute the judgment. So, I abandoned the case. The thought of losing again and having more attorney fees just wasn’t worth it.
Two years later, I am refinancing and the $20,000 lien is attached to my property. They recorded it prior to even sending that offer letter. Obviously, I lost my right to appeal. What can I do? Any help would be very much appreciated.
Thanks,
LauraWhat is the name of your state?