Other Debt Lien on home

[medicielot]

Hi all,
So here's the issue I have. I have an uncle who has a history of credit issues. I feel that he's evading taxes but I don't know for sure. He doesn't live with my family but he does use our home as his mailing address. Recently we received a letter addressed to him that shows that there is a lien on our home. I've looked up the definition for a lien and saw that it is the legal right of a creditor to take property in order to repay a debt. Therefore I'm worried about what this means. He doesn't own the home so how could the home be on lien for a his debt? What are the ramifications for my family?

 

[Proserpina]

You will likely need to get a copy of the paperwork to see exactly who is doing what and the circumstances surrounding the lien.

And truly, your family needs to tell him quite firmly that he CANNOT use your house as a mailing address.

 

[Proserpina]

One other thing which might seem minor but...

How was this discovered? Did he tell your family? Or did someone open his mail?

 

[Betty3]

Who was the letter from?

What else does the letter say other than there is a lien on your house?

You are going to need to find out why there is the lien on your house. You might try asking your uncle why he would receive such a letter. Does he not know yet about this letter?

 

[medicielot]

Hi guys, thank you so much for the rapid responses. Here are a few answers to some of the questions you've posted.

We've asked my uncle about this letter but every time we ask him about it he simply brushes it off and claims that he's already dealt with it. Personally my mother and I aren't convinced but my dad seems convinced, since it's his brother and all which is also the reason why he is still even using our home as his mailing address.

Unfortunately it seems that my uncle has taken the original letter so I won't be able to get a glimpse at it to tell you who it's from and what else it says.

In regards to the letter itself, the only reason we were able to read the contents at the beginning was because the way the envelop was constructed was that if you were to gently push the top and bottom of the letter towards each other, the sides pop open allowing us to look inside. Unfortunately all I can remember at the time is that there was a lien on our home.

If it's any help, I have just found that there is a new letter for him. This time envelope requires the reader to tear the sides in order to open it so there's no way for me to open it without alerting him that someone had opened his mail. On the front there is a title that states: 2013 Lien Postponement Notice. There is also a warning of a $2000 fine and/or 5 year imprisonment for tampering in accordance with 18 SEC. 1702 U.S. CODE. There isn't any way to tell where it came from though.

 

[disagreeable]

Any lien would be filed through the clerk of courts and the court action likely listed on the county court web site.

 

[Betty3]

You can go to the county courthouse & check for a lien or search the county recorder, clerk, or assessors office online. Generally all you need is your name (name of home owner) and/or address.

 

[medicielot]

So I went to the Santa Clara County Recorders website and found the following information regarding my uncle.

On 9/25/2013 there was a document titled: CERTIFICATE AMOUNT DUE/NOTICE STATE TAX LIEN. My uncle is the Grantor while the STATE OF CALIFORNIA FRANCHISE TAX BOARD is the Grantee.

What can I make of that?

 

[medicielot]

There are also 2 Release Liens, both in 2011, in which The Franchise Tax Board is the Grantor and my uncle is the Grantee.

 

[army judge]

Your father and your uncle may be acting together to do something illicit, who knows, as there is nothing to link them but SUSPICION.

There is no way a disinterested party can do something so as to cause a lien to be brought against patents' home unless one of the lawful owners was involved.

I don't suspect collusion with mother, but father could have done something STUPID with uncle to cause this mess.

I suggest you determine by visiting the county lerk, just who OWNS the home you believe moms and pops own.

You'll be able to see at the county clerk's office just who did what, when.

Once you have determined that, you'll also see how the lien came about.

I suggest as YOU have no ownership interest in this home, take moms and assist her in obtaining these answers, as she is an owner with pops.

First find out, then you can determine what you do next.