Filing liens

[James R]

Now that I am incredibly slow I figured I'd try to collect on some old unpaid appraisals. Can anyone give me any info on filing liens? Should I send out registered letters of notice and then just go to the courthouse if they don't pay in time? Is there a time limit you have for filing?

 

[Mike Plumlee]

James, I'm not sure a lien is the way you want to proceed on unpaid appraisals. If you could/did file a lien, you're going to be at the end of the list and another 10 years waiting.

Why don't you file in small claims court on each individual unpaid fee. It costs $65 to file a small claim in Houston, so you have to factor that. If you have one client with multiple unpaids, you can lump them together and it would make it worthwhile.

Small claims is easy. Go before the judge and present your case. You win. Then it's a waiting game to get paid.

Lesson: COD

 

[Michigan CG]

The first thing to do is threaten the lien. Explain what it is and the in order for them to have the lien released they will have to hire an attorney to fill out the paper work to get it removed because you will not do it. If your state permits you can explain the interest charges. 18% compounds pretty quickly.

I have filed many liens and they have worked.

 

[Restrain]

Sorry. Illegal in Texas to file a lien for an appraisal.

 

[Wayne Tomlinson]

Leins

I would assume that after you file in small claims and win, you will receive a judgement.

In Illinois, anyway, then you file the judgement in the land records. It may not result in immediate cash, but if one wants to sell the property, or re-finance, the judgement will still be there and you will be compensated.

It may also at that point to file against income if you can find the individual.


Here, if it gets too old, seven years, then you have to file to re-new it. Sometimes if there is no property and no attachable income, you may just have had the experience.

Since an appraisal is for the lender and was ordered by the lender, that is who you have the claim against.

It aint simple

Wayne Tomlinson

 

[Tim Hicks (Texas)]

I gave up on small claims court when I would win and still receive nothing, except additional court costs.

 

[Cob]

Now that I am incredibly slow I figured I'd try to collect on some old unpaid appraisals. Can anyone give me any info on filing liens? Should I send out registered letters of notice and then just go to the courthouse if they don't pay in time? Is there a time limit you have for filing?

I've had to deal with this in the past, the thing that sucks is that in Texas, the only way you can really get your money is if you can prove that they have been paid. So what I used to do is pull all the my files together and start calling the title companies up 1 by 1.

The are usually nice and understanding when you explain to them what is going on, if the title company sent the check to your client and they will fax or email you a copy of the check and HUD statement, then they (client) are in trouble. It's AMAZING how fast they will send you your money when you send them a copy of the check made out in their name. You see if you report that to the Texas Savings and Loan Board or tell them that is what you are going to do, they will get their license taking away and can't make anymore loans.

I know it sounds bad and you may lose a client, but you'll get your money and lose a client you don't really need anyway. I will NOT invoice ANY appraisal unless I have the title company info before hand and even then I call to make sure that they are doing to closing. The other thing I do when I call them is to make sure that they send ME the check and do NOT send it to anyone else. Good luck to you.....