Hi I am a home owner that filed BK 7 in 1998 because my husband lost his job. The BK was fully discharged, however as things got better, my husband retained his job again upon our home refinance we found a lien for home improvements thought to be discharged. We called and found Money Store closed to remove the lien, and HomeQ owned it now. They refused to release the lein then filed foreclosure on a debt owed of $18,000.
We had to file BK 13 to stop it as it was over the holidays last Christmas. Our home value has gone up and we have paid all our primary mortgage payments, taxes, etc. And our home is valued at $154,000. Imperial Collection Services hired a attorney William C. Boyd to force an illegal forclosure on our homestead. Not knowing property laws our BK atty fought the fact that a lien does not survive a BK 7 and the judge ruled that a lien does survive. We found out that the lien was invalid by a Real Estate Atty and should have never even been enforced as on residential property liens can only be used up to one year after filing or default. This forclosure was filed in 2001 many years past deadline. Atty Boyd ran and filed foreclosure again Christmas of 2002. Once again with the new information we had to file BK 13 again to stop foreclosure.
Mr. Boyd refused to listen to BK stay and foreclosed our homestead, filed for subtitute trustee deed and forceble detainer. Our BK atty is suing him for contempt. Howver, we could have lost our childrens home by Money Store (now closed) and who ever is claiming to own Money Store (no one) forcing an expired lien foreclosure. We had to learn real estate laws fast and are still learning, we have our home for now. We hope to file criminal charges against the individuals when this is over, but if you are having this type of problem, with a lien, Boyd is taking advantage of individuals that do not and can not understand liens and forclosing on expired liens. It has cost us over $5,000 so far and we are still fighting.
It is amazing that you pay your house notes, taxes, bills and an expired lien is fradulently used and you can actually lose your homestead. Beware of this scam!!! We will win and we will criminally prosecute them in the end, and hope we stop them from doing this to unsuspecting homeowners, no telling how many illegal foreclosures they have done on people.
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