Author Topic: Lien on Property Filed By Unpaid Medical Bill Attorney - Can I Fight It?  (Read 2630 times)

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markconrad

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I've had an unpaid medical bill for several years now and I told the medical company I am unemployed
and cannot pay.

They have an attorney that is in-house on retainer because collecting is a big part of their business model and sued me in small claims and like a stupid idiot I didn't show up, so they got a default.

I sent them a letter asking them to please drop it due to hardship reasons and of course they
did not. My hardship is only a fly speck on their wall.

They have now filed a lien against my property, and although I am in a short sale with this property
because I had to move out when I got caught in the mortgage mess, it appears they will now
be able to halt the sale using the lien until they are paid.

Paying the debt is not an option for me financially - is there a way I can fight this?

If I can't fight it, and they collect against the house when it is short-sold, is there a way I can counter
sue this medical company for harassment or some other such reason just to make their life as
miserable as they have made mine? 

This company has been relentless and heartless in their collection pursuits - the degree to which they have gone to get their money is completely astounding to me - they need to be taught a lesson.

The doctor that owns this company drives around in his Mercedes and has a big house and he sues everyone with his in-house attorney and tries to intimidate them - most of his patients are low income and can barely afford to pay - and then he takes their homes.

What is my best course of action. I will not bend to this, not an inch.

I want to be the avenger - am I wrong?


ackkgk

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had this problem last year  got my real estate agents to pony up a little cash from their commissions and the sale went through (realtors wanted a little of something and not a lot of nothing)
had a first and second and 2 junior liens one was the state and had the IRS to deal with we finallly got them to allow the sale but it  took forever


this is not easy they will squeeze you for all they think they can get, finally told them its this short sale or were letting it go to foreclosure and you will get nothing then so what do you want to do get a little something or a lot of nothing

get off the avenger soap box  this is business plain and simple and they will keep coming till there is a legal road block

anger clouds judgement
the big print giveth....the small print taketh away........Tom Waits

Im not a lawyer....... but I am crazy

transborder

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OK... judgments are negotiable... send them a written offer to get them to release the lien and satisfy the judgment. Try 10 cents on the dollar and remind them that in a foreclosure, they would likely get nothing.

I doubt they can stop a short sale, as their lien is a junior lien and would be in line behind a 1st mortgage and possibly a 2nd. The alternative is to let the mortgage holders negotiate the lien...

roommie

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If in case you are trying to keep your house, you can try to file a BK13 and list all your debt as unsecured debt.  In that case, your bank need to show they actually have the note and can able to show it in court.  It it does show up in court, make sure the note is not signed already.  If it was signed and sold, they do not have the claim on the house already.  Also, since he medical bill is unsecured debt, you may actually can get it dismiss from the court.  Well, that is just another way to due with it.  Good Luck!  I personally fighting 2 forclosure now.  One should be void since one of the notary is a robo signer.   Because of that, the mortgage is void.  I am just waiting for the response on the SOS from the state.  Also, there is a law was back in 2009.  If the assignee did not recorded his interested in the recording office within 30 days, they lost their right to foreclose.  Check that out by yourself. 

kevinmanheim

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The medical debt is a secured debt because it has been reduced to a judgment.

Since this is a short sale, and not a foreclosure, the judgment lien would need to be satisfied prior to the sale taking place. No title insurer or closing attorney will let that slide.

It may be possible to get the hospital to accept a reduced amount to satisfy the judgment, so the short sale can go through. It cannot hurt to ask.

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