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Old 10-05-2008, 11:58 PM
H1S1K H1S1K is offline
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Minors Morgage/ Property Lien (HELP!)

First off i would just like to say hello as this is my first post and give a thank you to anyone who may be able to shed some light on my delima.





Let me first off just try to explain what a minors mortgage , when a insuriance settlement is given to a minor the ammount is given to the minors gurdian but at the same time a lien is put in the gurdians property for the face value of the settlment , thus a minors morgage, The state of LA;s fancy wording for a property lien.



Now My situation , at the age of 6 my mother passed away and i was awarded the full some of the life insuriance $15,000 USD , at the time my mother was divorced from my father and my father had nothing to do with my childhood asside from a visit every few months. After my mothers death a legal battle ensued between my mothers grandparents and my father and of course the life insuriance proceeds. My father ended up with custody of me (my decision). when my father had no property but a 89 firebird he had nothing to cover the 15 grand. As a solution the attorny whom handled the coustdy paperwork made my fathers father co-tutor (co-guardian) of me so a lien could be put on his Land and house as insuriance i would get the money when i turned of age.



To make a longe story short my father dicided to move into my grandfathers home and proceed to gamble the stockmarket with my $15,000 and my social security benn. in lue of working for a living , and also in lue of using the money for my education wellbeing and other things nessacary to raising a child, he put off all the financial responcabilitys onto my retired grandfather, well my grandfather eventuley passed away and the house and land in question with the "Minors morgage" was willed to my father and his sister. Afterwords my father decided to buy out his sisters half of the house and live there with me Things with to bad to worst and at the age of 15 I decided to live with my grandparents after i was removed from my fathers home due to him being dubed unsuitable guardian from my social worker after I was admited to a Psych worde for a failed suicide attempt. After this my father liquidated all of his accets bought a SUV and left for california with a suitcase of money, with the intention of moveing in with faimly who eventuly had to call the police and had him removed from the property out of fear. He then returned to lousiana and moved backin into the house. I did not speek to my father for almost seven years. He collected social security bennifits in my name for 8 months after I stoped living with him.



At the age of 20 all of this information came to light to me and have since been trying to figure out how to enforce this lien to get my mothers money , As it boils down to my haveing a lien on his property which he owns 50% of and my aunt owning the other 50%



As of the first month this year I had an attorny demanding the sum of $15,000 be paid within a month , of paperwork showing he used the money for raising me. He responded to the attorny by sending her savingsbonds for the face vaule of $800 which my grandfather purchsed for my every christmas, (not sure if this will count as payment on the lien) but as of now he is in default as he did not provide payment nor information regarding the use of the money to my wellbeing, Since then i have moved out of the state of lousiana to Georgia due to hurriccian Gustav. My question is what do I do now and how much is this going to cost me as i am a broke collage student puting himself through school and wish to use this money to further my education.



Im sorry for such a long indept post but iv tryed to explain this to people in shorter ways and they never understand what exatley is going on , hopefully someone can help or at least point me in the direction of a attorny who knows how to handle this sort of situation

Last edited by H1S1K : 10-06-2008 at 12:04 AM.
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Old 10-06-2008, 01:51 AM
Notorial dissent Notorial dissent is online now
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If there is valid “minors mortgage” against your father’s property then there will be legal process for enforcing the lien. All of which will have to be done in LA through the LA courts. The bonds will count for nothing since they were your property to begin with. You also need to check the statute in LA to see what it actually says. I don’t suspect you are going to have an easy time of it considering past history with your father.
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Old 10-07-2008, 12:08 AM
H1S1K H1S1K is offline
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Structured Settlement Buyers

What do you think about the idea of selling the Mortage to a Mortgage Note buying company do you think i would have any diffaculties selling the $15,000 note for say $10,000
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Old 10-07-2008, 02:11 PM
Notorial dissent Notorial dissent is online now
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I doubt that they are transferable in the first place, so I would say your chances are like slim and none there. In my estimation, this is a particularly noxious law benefitting no one and causing everyone a great deal of trouble. I suspect that the only resolution you have would be in going to court against the property so mortgaged and foreclosing unless your father can come up with the funds owed you.
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Old 10-07-2008, 06:29 PM
H1S1K H1S1K is offline
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Well if my only option is to persue this with an attorny and go for a lien enforcment. What do you think it will cost me up foront for a attorny to file the forms to have the property auctioned off? And do you there there would be reason for an attorny to do this pro bono or to do this prior to payment if i said i would pay the fees after i receive the money?
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