Old discover credit card account from 2012, ended up putting a lien on my property, I am about to cash out refi my

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Customer: old discover credit card account from 2012, ended up putting a lien on my property, I am about to cash out refi my house, and I was told by the escrow rep, that I need to take care of it. Is there any way to remove this lien without settling in something with Discover. My credit report doesn't even show this account anymore.
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: to whom? to discover nothing yet my cash out refi with my local credit union is well advanced
JA: Where is the house located?
Customer: Ca
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no that's all

Answered by Roger in 4 mins 2 years ago

Roger

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Roger

36866 Satisfied customers

10+ years of experience

Roger

10+ years of experience

36866 Satisfied customers

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Roger, Expert

Hi - my name is ***** ***** I'll be glad to assist.

In order to put lien against you/your property, the creditor would have obtained a judgment against you. There is no way to remove the judgment except for settling / paying it off.

Also, judgments no longer appear on credit reports, so you wouldn't expect to see it there.

Customer

when calling Discover, is there a way for them to know that I am refinancing, thus they asking for a full pay out of the debt? I was thinking of trying to settling the debt with them for about 50%

Roger, Expert

The only real option would be to wait and let the judgment expire...as they are good for 10 years. BUT, the lender can renew the judgments indefinitely in 10 year increments; so it may not really help you to try and wait it out.

Roger, Expert

It's probably a good idea NOT to tell them you're refinancing or that you need to get it removed. It is likely better to tell them you're just trying to clean up your credit and ask what they will take to settle.

Roger, Expert

If you can offer cash, they'll likely accept 50%-60% of the amount owed.

Customer

the property is owned 50% by my uncle and my aunt, and 50% by my wife an I, the lien is under my uncle, and he is not part of the new loan, could I just have him taken out of the title, he is ok with it

Customer

obviously I don't want the house to have a transfer of ownership as I don't want the property taxes to readjust

Customer

not sure if he can just be taken off title, but leaving my aunt still there

Roger, Expert

That's possible....but the creditor could claim that he transferred his interest in an attempt to get around the debt and move his assets where the creditor could not collect - which would be considered a fraudulent transfer. If that is done, the transaction can be reversed by a court order.

So, it is likely best to just try and resolve the debt and move on.

Customer

the judgement docs show a lawfirm, and Discover as the creditor, in this case, we just have to call Discover directly correct?

Customer

also I would like to know how would I be able to remove them from the title legally, and with their approval, as I have been buying them out for the last couple of years, but we haven't done anything to the title, as I don't want the property to readjust on the property taxes

Customer

the title now is 50% on both of their names, and 50% my wife an I

Customer

are you still there?

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