What is the penalty for filing false liens against a residential real estate property? Filer had no contract nor presented any

Asked about 5 years ago - Big Bear City, CA

invoices.. Filer performed no service as a licensed tradesman. Amount of liens (there are two) total $800.000.00. Appraised (for a divorce proceeding) value of property at the time liens were filed was $450,000. Please advise as to process to remove these liens.

Attorney answers (2)

  1. Kenneth Lewis Swenson

    Contributor Level 15

    Answered . You should consult with an attorney to discuss a possible action to remove the clouds to your title created by the liens.

  2. Ronald Anthony Sarno

    Contributor Level 20

    Answered . Check with a CA attorney how to sue for slander of title. You need to do some more investigation. Some states permit liens from tradesmen who had a contract to supply someone who actually had a contract with you.

    You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.
    You might find my legal guide on the understanding the different court systems helpful.
    You might find my legal guide on legal terms used in litigation helpful.
    (Even if you are not filing a lawsuit this information can be useful).

    You might find my legal guide on commercial litigation helpful. You might find my legal guide on selecting and hiring a lawyer helpful.
    You might find my legal guide on Is it Legal? Is it Illegal? helpful.
    You might find my legal guide on the understanding the different court systems helpful.
    You might find my legal guide on legal terms used in litigation helpful.
    (Even if you are not filing a lawsuit this information can be useful).

    You might find my legal guide on commercial litigation helpful.

    ..
    LEGAL DISCLAIMER
    Mr. Sarno is licensed to practice law in NJ and NY. His response here is not legal advice and does not create an attorney/ client relationship. The response is in the form of legal education and is intended to provide general information about the matter in question. Many times the questioner may leave out details which would make the reply unsuitable. Mr. Sarno strongly advises the questioner to confer with a local attorney about this issue.




    The prior federal administration severely weakened most state’s laws against excessive interest. Unpaid debts now have practically no ceiling on interest which means the final bill can be much more than the original debt.
    When you have received a collection notice, lawsuit or even a judgment on an old debt which may have already been paid, or belongs to someone else, or has been discharged in bankruptcy, keep the following in mind. After a creditor writes off your debt, it can then be sold to a collection agency. That agency may sell it again and the next one again. By the time the debt is assigned to a law firm, it can be years pass the statute of limitations, all of the original contracts have been lost and there may be no legal foundation for enforcing the debt. One way of knowing this is that the agency will have no discernible address or they will say they are collecting from a creditor, but the creditor does not know who they are. They will call you at work , and they will not listen to any explanation at all. They will refuse any suggested payment plan and demand a large sum at once. Often these collection agencies and even law firms will file a suit against you, misspell your name, or deliberately send it to the wrong address. You have no notice but they go to court anyway, get a default judgment against you when you do not come to court, and file a judgment lien on your assets such as a home you are trying to sell, or they report you to a credit bureau as a deadbeat. You are allowed to send a 100 word explanation in writing to the three credit bureaus (which they must print) as to why the debt is invalid. Also, many attorneys will take such a case on a contingency basis. A Violations of the fair debt collection act has a fee shifting rule (the creditor pays your attorney). Not only do you get the debt out of your life, you may get a financial award also. Be sure to write to your congress representative to have a stronger federal law to restore a ceiling on interest and to curtail these illegal collection practices.

One or more answers have been taken down.

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

31,576 answers this week

3,368 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

31,576 answers this week

3,368 attorneys answering