I filed a motion to vacate default and default judgment and the court granted my motion and ordered the judgment vacated. The problem is that C1 won't release the judgment lien. I'm in the middle of a refi and my rate lock is approaching. This is in Los Angeles County. Bleier & Cox is representing Captial One. I need help with drafting a Lien Release Demand Letter. None of the Court forms are appropriate. They are all geared toward "satisfied" judgments. Any and all help is greatly appreciated.
How geared towards satisfied are the letters that you found, it may help to start from one of the letters which sounds best to you. Type that into this post, and open it to suggestions as to how to make it more applicable to vacated judgments. Of course, with the understanding that you are asking laypersons advice, and not expecting legal advice.
I haven't actually found any lien release demand letters. Could you possibly point me in the right direction? The Judgment and Default Judgment were Vacated two days ago. I filed the "minute order" withe the County recorder yesterday. I called Bleier & Cox and they have not agreed to record a lien release. The judge set a date for trial, to hear their complaint, for April 2015. Until then, the judgment is void.
C1 is notoriously evil and difficult. I beat them twice in court, but they persisted with derogs and reporting 'til the bitter end of SOL.
OK. Wth the caveat that I am not an attorney. If I had been sued, had a default judgment which was vacated after a lein for said judgment had been issued, this is what MY approach would be.
I have to have the lien released no later than April 08, 2014 or I lose my refinance to a lower rate. I'm going to personally visit Bleier & Cox first thing in the morning, court order in hand, and try to obtain the release in person. I'm prepared to sit there all day, if necessary. Wish me luck.
One dismissal and one withdrawal. I didn't handle it myself...I hired a really good consumer law atty.
I was granted an ex parte hearing on March 12, a hearing on my motion to vacate on April 02, responded to the motion to oppose, showed up to the April 02 hearing on my motion to vacate, and the other side was a no show. The judge granted my motion to vacate. I filed that motion with the recorders office the same day and called the attorney to request a lien release. It didn't seem possible, but I drove down to the law office this afternoon, April 07, and picked up the lien release in person. I ran that down to the recorders office and filed it immediately. I don't know how I managed it, but the judgment is vacated, the lien is released, and the hearing is set for April 2015. The attorney offered to sit down and try to settle this before going to trial. Right now, I'm just going to take a moment to breathe. Thanks for the support and info.
Hello Sporatica, Would you recommend that consumer attorney? I have need for one in the Los Angeles area. Could you tell me who you used if you are happy with their work? Thanks.
