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Who Is Your Debtor





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What if you have a judgment debtor with some fairly unique last name. What if the public records indicate that the debtor seems to own two homes? What if public records show the exact same name as owning both houses, yet the specifics on them are not exactly the same? What if their (often truncated) birth dates (DOB) and social security numbers (SSN) are not exactly the same; yet they are very similar, much too close to believe they are really two separate people?

My articles are my opinions and are not, legal advice. I'm a judgment broker, and not a lawyer. If you want legal advice or a strategy to use, please retain a lawyer.

There is a possibility that the situation is only a coincidence, and there's two people having the same first, middle, and last names, with remarkably close DOBs and SSNs who live in identical neighborhood. Of course, it is usually the same person. Some judgment debtors use alternate SSNs often to try to thwart creditors.

How can one prove it is that same individual (or maybe not) so you can file liens or perhaps take alternative recovery tactics? The problem with public record database searching products is they are not foolproof. They're fantastic tools, however they aren't the final reference.

A public information record are usually not admissible in court as they include several levels of hearsay, and it would be hard to find a witness to lay a correct foundation for admissibility. One more problem is the errors and typos that accumulate in a public record. Even so, public databases can most often give you the answer, even when your evidence isn't court admissible. One very reliable hint would be if "both" people used identical address history and/or identical relatives.

A credit report may clear things up right away. If your debtor is repaying loans for both properties, this will tell you your answer for sure. However, you must have permissible purpose to pull a credit report. You may only run credit reports on somebody when you're a lawyer representing a creditor, a collection agency, or own the judgment against a person through an assignment of judgment.

A public database can help one to determine the place to request documents at a county recorder. What may list the real situation, is any signatures on file for their houses. When their names are identical, and their signatures look to be identical, that means the person is probably the same.

Visit your county recorder, and request a copy of the trust deeds, and whatever else you may find; that allow you to find handwriting examples this the individual or individuals. You will want to look at prior properties owned, look for documents with signatures, check the way their real estate is held according to the assessor's records, and where their tax bills are sent.

You can also write down the names of the notaries public before whom any deeds got acknowledged, then serve an open records act request on the notaries. Notary's logbooks are a public record. You don't need any subpoena for a notary's log book.

You could also want to check whether both folks used the same mortgage company, maybe with the same escrow. This is another hint telling you this is not a coincidence. Also, look at who financed their loans. Look at a "GF #" (guaranty file #) on deeds. That lists where you will be subpoenaing the documents. The mortgage company will have a file on each customer, which will include their credit application having a bunch of personal financial info. You might also want to subpoena the title companies as they will have a file for each customer.

The case file from the judgment itself might also contain hints to help you figure out if there are two separate folks. You may also wish to do a judgment debtor examination on your judgment debtor, to hear what they say about which property they own, what property they reside at, etc. Also, subpoenas to third parties can also get you access to other documents.


About Author Mark Shapiro :

Mark Shapiro of <a href="http://www.JudgmentBuy.com" target="_blank">http://www.JudgmentBuy.com</a> - The easiest and fastest free way to find the right expert to buy or recover your judgment.


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Article Added on Wednesday, May 14, 2014
LD
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