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Vinstrimp

lien/judgement

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My dad died in 1998....(last surving parent)....my brother was executor of his estate. There are a total of 5 siblings. For the (1st) 5 years family members lived in the house and paid the tax bills as they came in. (under my dads name with over 65 exemption). The last 5 years really no one has lived in or taken care of the house. I went to Appraisal district to get some tax relief at which point they noticed my father had passed....so they went back 5 years and retaxed the property...so basically it went from approx 2k in back taxes to 30k overnight. At this point the house will soon be foreclosed on due to taxes. We have been trying to sell the property for a few years. Finally, there is a buyer.....the sale cost will basically cover taxes.

here's the problem.....when my dad died i went through some financial difficulties and i was sued by Providian(credit card) and had a default judgement. I know...it was extremely stupid not to fight this, but it was difficult times. Now that we have a buyer for the house.....the title company will not approve the sale until i get a partial release. I have called the lien holder and said they can have my portion($17.00)...and they have said i would have to come up with more. The original debt was 6k...but they said with interest it is up to 17k. Is there way to sell this house?

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In future posts, please use commas and semicolons in place of the .... stuff.

Not really much to "fight" about the credit card debt, unless it wasn't yours.

It's not really up to the title company to "not approve" the sale, but they do need to think about clear title (presumably on behalf of the lender). I'm afraid to force the creditor to release its judgment will require local legal help (while they are only entitled to the net proceeds that belong to you, forcing them to cough up a release can be problematic).

I'd also not assume that the judgment was still viable if it was received in 1998. There are some states where judgments are good for a very long time and others where it's renewable, but that's not always the case. You don't say how old this judgment is, but even if they got it in 1998, your state's judgment interest rate would have to be 16% if interest were to accumulate to the tune of $11k. (Who knows whether they got a judgment for attorney fees on top of the $6k, however.)

I'm afraid this won't be resolved on a message board; you need to seek local counsel.

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