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Our potential mortgage lender has asked about a lien from 2007, but I never had one?

On the list of information that we have to provide to the lender (paystubs etc.), the bank asked me to provide proof that I cleared up a $27,000 lien from 2007, which is listed as my first two initials, and then my married last name. I have NEVER had any liens and do not recognize the balance as anything. I have never owned any property or been notified of an outstanding debt. The weird thing too is that I was married at the very end of 2007 (NOV), so any debt would probably be in my maiden name. The bank has offered no information about where they obtained this information or proof that it is actually me.. The guy that we have been working with is out of the office until the new year and I have not heard back from anyone else. I know I don't have any liens, they haven't proven that this person is me and it doesn't make sense that it would be me because most likely it would be in my maiden name. Has anyone ever experienced this? Do they make major mistakes like this typically?
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December 22 2013 - Chicago
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It should be a felony to file a lien without using a full name. Good luck on your trip to the courthouse.
I swear I'd ask the Attorney if they aren't going to have to determine if you're lien free as part of the title work. They are. The Lender doesn't have to have this proof immediately. They'll need it before you can close, which will be after the title work is done. Anyway... just trying to save you some trouble. You will gain some knowledge by going the DIY route.

Who, pray tell, is this Lender? A Big Dumb Bank?
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December 23 2013
I see this several times a year.

You need to contact the title company that did the title search.  Give them your personal info and they can verify that against the info that is filed at the court house.  

If the lien is showing up on your credit report as a judgment, then your lender can easily clean this up.  All they need to do is contact the credit agency they used to obtain the credit report and have it removed.

Either situation should be easy to clear up
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December 28 2013
Of course, I work around any holiday - with strategic breaks ;)


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December 24 2013
Heck yeah!

Contact Barb Lanis! She's sharp as a knife and as fair as Santa Claus! She probably actually works through the holidays.
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December 24 2013
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McHenry and Cook  - they did have the records online and I did not have this lien (I didn't have anything), but the lady was more than happy to send me any records via fax for like $5. 
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December 24 2013
I hope this will not be considered a highjacking of this thread, but I have to rant briefly.

This is an A-one-prime example of why you should use either a Mortgage Broker, or an independent Mortgage Banker, for your residential financing needs.

SERVICE LEVEL!

This Big Dumb Bank employee thinks it is OK, and perfectly normal, to send beenie24 on a wild goose chase looking for a lien that doesn't exist. Or, maybe they're just not allowed to leave their cubicle except for OSHA mandated breaks.

I wouldn't, in my wildest nightmare, ask a customer to go hunt down this Unicorn. That issue is my problem to fix, not theirs. My livelihood depends on it.

Big Dumb Banks are Big and Dumb, and on top of that, arrogant, obnoxious, and lazy! Potentially, stupid and unqualified, too! This applies to a vast majority of the Direct Internet Lender types, too, in my sometimes humble opinion.

When you add the fact that they are charging the same, or worse, prices for this sub-par service level, and hiding behind unfair disclosure advantages, nausea becomes an issue.

If you, the borrowing public, want to have only four, or five, places like this to choose from, when a home loan is needed, don't call your Congressional Representative and complain about the Dodd-Frank Act, because they are already working toward that goal.

The moral of the Story is; in order to have choices, you must support your Local Independent Mortgage Professionals. The Federal Government is already supporting the Big Dumb Banks, so you don't need to.
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December 24 2013
What County? Cook?
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December 24 2013
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Oh awesome. I was thinking of maybe going with a different lender!
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December 23 2013
Their lien search tool is worthless. No, it is worse than worthless. It has put you in the position of proving a negative. I'd call another bank before I'd take a step to prove their ridiculous assertion. You wouldn't be having this problem with Barb Lanis doing your financing. She can probably beat their pricing, too. Anywhoo...keep us posted. You should be commended, yet you're being punished. It's a damn shame.
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December 23 2013
Profile picture for beenie24
Agreed! I am really annoyed that this came up because I have been so good about being on top of things and have had been adamant about having good credit throughout the years. You can guess the lender if you think of one of the biggest. My first initials are B A, coincidence?
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December 23 2013
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Ok - I will! Thanks for the advice!  The county that it was filed in does not have these type of records online (unfortunately), it does have civil cases available, but I don't have anything under my name.
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December 23 2013
The closing attorney will be sending someone to the courthouse, on your behalf, to determine these kinds of things, in the near future, and in adequate time to also research this issue, while they are at it. I would think.
There also appear to be all sorts of online databases, of Illinois property records, that may be helpful. Find the one for your county and search the name in question. I'll help if needed. You can email me, call me, or text me through my profile, if you need assistance. Or you can ride to the courthouse. Please let us know what you find out. We live for this stuff.
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December 23 2013
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Yes, we are going to the courthouse to get the info on Thursday morning and the closing attorney knows about the situation, if there is anything there, he can review it and help figure it out. We did speak with him today. I am just worried that this is going to be something that we have to fight out, but hopefully it is just deemed an error - we are supposed to close at the end of January (which seems like a lot of time I guess, but this is our first home purchase and it is already turned into a small headache!)        
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December 23 2013
beenie
Is there a closing attorney involved or a title company? They should be able to clear this up. If it is in some public records data base it should have an address associated with the lien. If you've never lived at the address etc...and some person with your initials did...then the facts become obvi!

What county do you live in?
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December 23 2013
Profile picture for beenie24
Well, thank you for all the responses. I talked to all of the credit reporting agencies today and they insist this is not on my credit report at all. The bank now says that the finder that they use claims I have to go to the courthouse where it says that it was purportedly filed in person to get the information related to the lien - they cannot provide me with  more info. ugh. I imagine that it is not really in my name, that would be impossible. 
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December 23 2013
You're right B! Sounds too early in the procedures for my theory.

I do think the processor would have called it a "tax lien", on the conditions list, if that is what it was, though.

The CFPB needs to crack a whip at the big three credit bureaus.

I need some decaf. I hope the sweet lady got some relief, today. The closing agency can definitively clear the matter up, if needed.
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December 23 2013
Hamp, it would be very unusual for title to be run at the early stage as the OP mentioned. In Illinois, anyway, we wouldn't have a title search done before even receiving paystubs, etc. This has to be on the credit report. It could be a tax lien as well and doesn't have to be related to real property. An error on the part of the credit bureau, probably yes, and easy to correct.
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December 23 2013
The OP said it's not on their credit report. OP said they check their report annually and recently.

I'm guessing it was found by the title abstractor, who did a lousy job of doing their job.

The OP also says she's never even owned any Real Estate. How would she have a lien?

This is an obvious case of lazy title work. It can be corrected while the LO lounges.

OP Call the losing agent, today! 
Or, call me, and I'll call them for you.
I'll need a toothpick to get the butt chunks out of my teeth when I'm done with them.
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December 23 2013
The lender most likely saw this information when he looked at your credit report. The best thing for you to do is to ask for a copy of your credit score to analyze it yourself. I'm sure there is someone at this bank that can help you out so don't give up yet. 
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December 23 2013
If your contact with the lender is out you should ask for the manager or whomever is requesting this from you.  Explain that you have never had such a debt and request a copy of the credit report they have on you.  It may be an error by one or all of the credit agencies, or a case where someone used your social, or simply something you were not completely aware of like a medical bill that became a lien or something.  Unfortunately the burden of proof for this type of thing does not lie with the lender but with you  the borrower.  Once you have your credit report there should be contact information for every creditor on your report you should be able to track down the source of the erroneous information and get a letter stating it was not yours. 

Last if your lender is not responsive to getting you a credit report after you ask for it then you should look for one who would offer better service.

Good Luck!

Cory
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December 23 2013
This was likely found on your credit report. You need to get a copy of it and the corresponding contact information that's found on the report. If this lien does not belong to you, then it's easy to get it removed with the help of your lender and the credit bureau.
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December 23 2013
I would have your attorney get on this asap. They should be able to take care of this.
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December 23 2013
There may be no balance on the note.  This is more of a title question vs. speaking with your mortgage lender.  I would reach out to the title attorney you are using or call a title company.  They should be able to find more details on the mortgage.

Gaood luck!
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December 23 2013
These items do come up.  Once your loan officer returns he will be able to go over everything with you.  Ask for a copy of your credit report and then use the credit report to track down the source of confusion that the bank is not working on at this time, as your loan officer is out.  
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December 23 2013
Did you sign up for, but never used a home equity loan? It shows as a lien even if you never ever used it to get money. This came up on me years ago over one I had set up but never used.
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December 23 2013
I wouldn't worry too much about this. If it's not yours then you have nothing to worry about. I have had this happen a couple of times, usually with common last names. You will most likely just need to provide a letter stating that you have no such lien and the title company will be able to clear this for you prior to close. 

More concerning is that you are in escrow and your loan officer is gone for 2 weeks. 
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December 22 2013
Contact the title company (or attorney handling your closing) and tell them this is not you. It is someone else.
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December 22 2013
Profile picture for beenie24
Thanks for answering. I do not and have never had a $27,000 lien listed on my credit report. I have checked it annually and did so on Friday. I've never had a debt that high. The bank has given me no info about the lien, including who allegedly filed it. I will try to get a hold of someone tomorrow, but it's been bothering me all weekend!
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December 22 2013
The bank learned of the lien from your credit report, which would state the name/eniety that filed lien and date. You should be able to contact the lien filer and pursue the facts. Ask lender's processor or manager for that information if "guy we have been working with is out of town......."
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December 22 2013
 
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