A lien by any other name...in bankruptcy

I got a call from a very nice woman who was upset because her closing agent told her there was a lien on her home. The homeowner went online and found no liens. She emailed the documents to me, insisting there was no lien. The documents revealed that an "instrument" had been recorded on her home in the official property records in the county where she lived by Portfolio Recovery after they obtained a judgment against her in court. It seems that when this homeowner applied for a JC Penney Credit Card, the application included a provision that allowed this to happen. I explained that under the Uniform Commercial Code, an "instrument" is a lien that marches to the beat of a different drummer

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Gavel and paperwork Florida

       Arna D. Cortazzo

Protecting Floridians' Rights for over 30 years.