We are trying to sell our house. Four days prior to closing a lien was discovered on the property. It was filed by Conn's Appliance corp. in 2011. We never were notified about it. After Talking with their billing office it appears the debt and lien were sold off to a collection agency around 2015. The company that purchased the lien/ Debt has since gone out of business. How do we clear this lien? Conn's wont take our money or clear the lien because the say it is no longer theirs. The Debt Collection company no longer exist. What do we do?
Hello,
Based on your facts, there are two possible ways to get past this.
#1. Bond around the lien. I'm not sure as to whether this is possible given what I think is the amount, the date, and the type of lien (depending on what it is).
#2. Summary motion to remove lien. This is a lawsuit in which you would sue Conn's and the debt collection agency and say that you never received notice. In the alternative you plead for a declaratory action to show that the statute of limitations has passed so the lien is no longer valid. I would need more facts to provide a better answer. You will need an attorney for this one.
E. Aaron Cartwright III
214.789.1354
Aaron@EACLawyer.com