I posted in an earlier message about a lien showing up on my credit report that I had no knowledge of. I now find out it is a 10 year old property tax lien that has been rerecorded. What is the credit law on these kind of items. Also what about a judgement that is over 7 years old and gets rerecorded. Are you stuck with these the rest of your life.
check the SOL in your state, to see how long they can record them. My state is 20 years. When it was rerecorded, does the date it comes off your report change. I mean, does it stay on your report for another 10 years???
Liens are, IMHO the worst of credit repair issues to deal with. In our state they can be renewed every 10 years indefinitely. The CRAs' general policies are to delete the lien 7 years after they are PAID. If the liens are not paid, the records offices seem to do a very good job of verifying. Sometimes things slip through. With TU we tried "not mine" - verified, "incorrect info" - verified. Then we disputed online with "obsolete - this should have been released" and it worked. MIRACLE! EQ deleted one on the 1st dispute, and the other two on the 2nd (separate) disputes. EX deleted one on the first dispute, the other 2 are still there. Until CHOD??? (Hopefully!) We had stupidly faxed proof that our state tax liens were paid to all 3 CRAs before we discovered Creditnet. This was back when we still thought that a paid tax lien was somehow better on the credit score than an unpaid one. I would recommend if you can, get the unpaid lien paid immediately so the county will release it. If the address the lien is filed under is not where you currently live, get it removed from your credit reports as an incorrect old address. Then, once the lien is released (so the county doesn't have a stake in getting money out of this) dispute the lien during CHOD as "obsolete - released." You may have a decent shot at getting rid of it under those circumstances. All the best with it. Believe me, I know where you are on this one. DemPooches
I live in Calif. Does anyone know exactly what the credit laws are concerning how long these can stay on a report. I know that the law is that on other debt, collection accounts etc. it can only stay on your credit report 7 years from the date of the original delinquency. I wish I could pay these off but I went through a 4 million Chapter 11, 10 years ago and lost everything .These are some of the remnents of that time coming back to haunt me.
Thanks DemPooches for the advise. What seems strange is that it has not shown up on my credit report before now. The old lien was not there. They missed it for 10 years. They have also missed the judgement lien from my bankruptcy attorney. This is a property tax lien on one of the several properties that I lost during the bankruptcy, I never lived in the property which this lien is for.
I wonder if a consultation with an attorney might be helpful. (I was going to suggest your BK attorney but looks like that isn't an option) I know nothing about BK, so I'm totally out of my element here, but is it possible that the lien could be in error? Could the back property taxes have been dealt with in the BK, but the lien not released? The refiling of the lien could be nothing more than a more efficient office now with computerized info making sure they refile all of the 10 year old liens so they don't lose the right to collect. Once again, I am doing nothing more than wondering out loud (in print.) FWIW DemPooches
The reporting laws for a california tax lien says that it can stay for ten years after it is paid. My experience is that the CRA's will delete 7 years after it's paid. No one makes a move to delete until it is in fact paid. When it comes to public records, sometimes you get lucky and for whatever reason they don't wind up on your report. I have two judgements from the same court within 2 mos of each other. They are both nearing seven years old, one is reported the other is not. In fact I am refraining from disputing the judgement that does show for fear of the other one bieng "discovered" when (or should I say if) the CRA's attempt to verify.
I doubt if it was paid in the BK ....and my chapter 11 was converted to a seven several years after the original filing. I am just going to keep having it re-investigated to see if there is some way I can get it deleted. The address of the property is not on my credit report and there are several people with the same name as mine in the county.
A chapter 11 is a corporate reorganization plan. It is a court approved plan that allows a company to continue doing business, pay salaries, etc. while it reorganizes. I don't understand how anything included in a chapter 11 could be on your personal credit reports, or involve your personal assets. None of this makes much sense to me.
When you have assest in excess of several hundred thousand dollars (I don't remember the exact amount) you can not file a chapter 13 ...the only option you have is chapter 11. It was not a corporate BK , it was a personal BK . I had lots of real estate prior to the last recession and I went under, the 11 got converted to a 7. It was a no-fun experience. I came out of the whole thing with a couple of sticks of furniture and a car. Not much for a lifetime of work.
I am not familiar with the specifics of Cal. law on refiling, however, I do know you can have the judgment vacated, (the refiling) if it had been discharged in your ch7. Your lawyer who handled your Bk or any competant lawyer can file an appeal of the refiling of the judgment.
The judgment is for about $10,000 and it is to my BK attorney. It looks like a lifetime problem for me unless I pay it. I no longer work and I live on a minimal social security disablity income (thanks to the depression I suffered from the bankrupcy). It's the old riches to rags story.
It looks as if it IS a lifetime problem, however it cannot be ENFORCED unless and until you are served notice of the refiling. California Code of Civil Procedure, Section 683.020 provides:   Except as otherwise provided by statute, upon the expiration of 10 years after the date of entry of a money judgment or a judgment for possession or sale of property: (a) The judgment may not be enforced; (b) All enforcement procedures pursuant to the judgment or to a writ or order issued pursuant to the judgment shall cease. (c) Any lien created by an enforcement procedure pursuant to the judgment is extinguished.  California Code of Civil Procedure ("CCP") provides an exception to CCP section 683.020's general rule, by granting relief to those seeking payment on a judgment entered 10 years previous, if the judgment creditor requests a renewal of the judgment. Once the application for judgment renewal is filed and granted, the judgment is enforceable for another ten years, pursuant to CCP section 683.120. The renewal procedure is actually quite simple. CCP section 683.120 provides that a judgment may be renewed simply by filing an application for renewal with the court in which the judgment was entered. When filing this application, the judgment creditor must submit an application fee. The judgment creditor must also file a Declaration if the amount of the judgment renewed is greater than the amount of the original judgment. This may occur when the judgment creditor adds accrued interest, or when costs for enforcing the judgment are added to the original judgment amount. The judgment creditor is allowed to assess the costs of enforcing the judgment, including attorneys fees, to the judgment debtor, pursuant to CCP section 685.040, and section 685.070. These costs are added to the amount of the judgment already owed, and will be submitted to the Court as a Motion for Costs that accompanies the renewal application.    Renewals can be filed with the court as often as necessary to gain satisfaction, pursuant to CCP section 683.130(b). As a general rule of thumb, when the judgment is against real property, the creditor should schedule the judgment renewal well before expiration of the judgment in order to retain a priority position on property against other judgment creditors.    There is also a monetary advantage to renewing judgments. When the judgment is initially filed by the court, the judgment creditor is allowed a return of interest on the judgment, at the rate of 10% per year. When a judgment renewal is filed, the court re-values the judgment principal to include the accrued interest. Thus, when a renewal is filed, the judgment creditor earns interest on the new judgment amount, which includes the prior interest.    California courts have made renewing a judgment quite easy by almost always automatically granting renewal when a renewal application is received.  THE FOLLWING MEANS IT CANNOT BE REINSERTED ON YOUR CREDIT REPORT IF IT IS THE SAME FILE NUMBER AS THE ORIGINAL FILING -YOU CAN DISPUTE IT TO THE CRA'S BY SENDING THEM PROOF OF THE ORIGINAL FILING Therefore, no court order or new judgment is required as the court clerk simply records the renewal of judgment in the court records. CCP section 683.150. CCP section 683.160 also requires the judgment creditor to serve a notice of renewal of the judgment on the judgment debtor. Until the judgment debtor has received this notice, no action, such as enforcement proceedings, may be taken.
I'm confused. Do you still own the property?? You made reference to losing it in bankruptcy. I don't see how this could be reported past seven years post-bankruptcy if you lost the property in the bankruptcy. Your obligation to pay this should have been extingusihed in the bankruptcy.
From the California Civil Code: www.leginfo.ca.gov 1785.13. (a) No consumer credit reporting agency shall make any consumer credit report containing any of the following items of information: (1) Bankruptcies that, from the date of adjudication, antedate the report by more than 10 years. (2) Suits and judgments that, from the date of entry or renewal, antedate the report by more than seven years or until the governing statute of limitations has expired, whichever is the longer period. (3) Unlawful detainer actions, unless the lessor was the prevailing party. For purposes of this paragraph, the lessor shall be deemed to be the prevailing party only if (A) final judgment was awarded to the lessor (i) upon entry of the tenant's default, (ii) upon the granting of the lessor's motion for summary judgment, or (iii) following trial, or (B) the action was resolved by a written settlement agreement between the parties that states that the unlawful detainer action may be reported. In any other instance in which the action is resolved by settlement agreement, the lessor shall not be deemed to be the prevailing party for purposes of this paragraph. (4) Paid tax liens that, from the date of payment, antedate the report by more than seven years. (5) Accounts placed for collection or charged to profit and loss that antedate the report by more than seven years. (6) Records of arrest, indictment, information, misdemeanor complaint, or conviction of a crime that, from the date of disposition, release, or parole, antedate the report by more than seven years. These items of information shall no longer be reported if at any time it is learned that in the case of a conviction a full pardon has been granted, or in the case of an arrest, indictment, information, or misdemeanor complaint a conviction did not result. (7) Any other adverse information that antedates the report by more than seven years. (b) The seven-year period specified in paragraphs (5) and (7) of subdivision (a) shall commence to run, with respect to any account that is placed for collection (internally or by referral to a third party, whichever is earlier), charged to profit and loss, or subjected to any similar action, upon the expiration of the 180-day period beginning on the date of the commencement of the delinquency that immediately preceded the collection activity, charge to profit and loss, or similar action. Where more than one of these actions is taken with respect to a particular account, the seven-year period specified in paragraphs (5) and (7) shall commence concurrently for all these actions on the date of the first of these actions. (c) Any consumer credit reporting agency that furnishes a consumer credit report containing information regarding any case involving a consumer arising under the bankruptcy provisions of Title 11 of the United States Code shall include an identification of the chapter of Title 11 of the United States Code under which the case arose if that can be ascertained from what was provided to the consumer credit reporting agency by the source of the information. (d) A consumer credit report shall not include any adverse information concerning a consumer antedating the report by more than 10 years or that otherwise is prohibited from being included in a consumer credit report. (e) If a consumer credit reporting agency is notified by a furnisher of credit information that an open-end credit account of the consumer has been closed by the consumer, any consumer credit report thereafter issued by the consumer credit reporting agency with respect to that consumer, and that includes information respecting that account, shall indicate the fact that the consumer has closed the account. For purposes of this subdivision, "open-end credit account" does not include any demand deposit account, such as a checking account, money market account, or share draft account. (f) Consumer credit reporting agencies shall not include medical information in their files on consumers or furnish medical information for employment, insurance, or credit purposes in a consumer credit report without the consent of the consumer. (g) A consumer credit reporting agency shall include in any consumer credit report information, if any, on the failure of the consumer to pay overdue child or spousal support, where the information either was provided to the consumer credit reporting agency pursuant to Section 4752 or has been provided to the consumer credit reporting agency and verified by another federal, state, or local governmental agency. 1785.135. No consumer credit reporting agency shall make any consumer credit report with respect to a document which acts as a lien or other encumbrance, including, but not limited to, a notice of lis pendens, but which has together with it a court order striking or releasing the lien or other encumbrance pursuant to Section 765.030 of the Code of Civil Procedure.
Thanks Why Chat and Littleman for the info. That is a lot to digest. I don't fully understand it. I wish lawyers wrote in plain English. iI believe I'm going to be stuck with both the judgement and the lien. The lien is small but the judgement is big and I will never be able to pay it. . It will prevent me from buying property in my own name, if I ever decide to own property again. I did lose this property in BK ....but I don't think that was included in it. I actually was not aware of it until this morning. And I don't know that you can discharge property taxes in BK, but the truth is I don't know. I have gotton 4 credit cards in the last year because none of this stuff showed up and I am still getting pre-approved applications . I guess the only thing to do is keep going after the CRA with disputes when these things come up. I doubt if I have any legal leg to stand on.
