In 1999 I divorced my then wife. This was necessitated due to a mental illness that made her unable to stay with the children. As part of this settlement I got the children and the house.
In 2001 I went to the bank to obtain a home equity line of credit to do some needed improvements to our home. It was discovered by my bank that my lawyer never filed the quit claim deed at the courthouse. The attorney found the deed and gave it to me saying to just have the bank file it when they were done.
In September I refinanced the line of credit to lower the interest rate and get some money for a car. During this process I found out that my bank BB&T had mailed the deed to the courthouse but it was returned due to the lack of a form. They filed it with my other paperwork and it had been there since 2001. So on September 17, I took it to the courthouse and filed it myself.
Now the story gets good.in completing my loan it was discovered that in April of Georgia Receivables (collection agancy for MBNA) filed a lien against my house. I was not notified of this action. Somehow they gave a credit card to a mentally ill person with no source of income, my ex, and she had run up a little over $6,600 in charges. Since the quit claim deed had not been filed they saw her name on the deed and placed a lien.
My first move was to call my attorney Michelle Lundy, Peachtree City, Georgia to ask for advice. She told me she'd check on this for me free of charge. When I called back she told me that no one at the bank or MBNA would discuss this with her. I asked at the bank if this was true and was told that it was not. The person that she would have spoken to at the bank stated that my attorney never called. The advice given by my attorney was not to worry about it. Don't contact MBNA. Deal with it when I sell the house.
However, I did write MBNA a letter and was refered to Georgia Receivables Collection Agency. They were of no help and seemed to be able to care less. I was told to pay!
I have now faxed this information to the State Bar of Georgia and am waiting for their response.
Any other suggestions?
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