• Report: #754633

Complaint Review: Bullhead Invesments, LLC

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  • Submitted: Mon, July 18, 2011
  • Updated: Fri, October 21, 2011

  • Reported By: Enough — Charlotte North Carolina United States of America
Bullhead Invesments, LLC
1311 Westbrook Plaza, Winston Salem, NC 27103 Winston Salem, North Carolina United States of America

Bullhead Invesments, LLC Associated with Brock & Scott, PLLC Attorneys @ the same address and the ones that filed a lien against my property. Illegal lien against my property that is in Short Sale Foreclosure on a 3x sold and purchased Citi bank credit card unsecured debt Winston Salem, North Carolina

*Consumer Comment: You can only file a lien with a Judgement

*Consumer Comment: Additional info

*Author of original report: Enough from all nonsense...

*Consumer Comment: Sorry

*Author of original report: Enough from all nonsense...

*General Comment: Nothing Illegal, you tried to get away without paying your bills

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My Home Property is in a Short Sale Foreclosure and I have discovered that there is a lien placed on the property for a unsecured credit card debt the was sold 3x according to some questionable Exibits. The credit card was with Citi bank from 2006 and was written off on or about 2008. Bullhead Investments claim that are the last purchaser and thus placed a lien on this so called debt to them aginst my house. The lien is a major obstacle to selling the house and it looks like I may go into foreclosure do to it. This will drastically negatively affect my immediate life and the loss of my VA future priviledge. It is an Unsecured Credit card that has been written off!!!! I know that ist goes against the Federal Fair Credit Act and I would like to find many others who aree in this same situation whom I know are many. I m not an isolated case of this abuse and criminal act....a Class Action should be brought against these vile people.Please help and advise....


This report was posted on Ripoff Report on 07/18/2011 04:36 PM and is a permanent record located here: http://www.ripoffreport.com/r/Bullhead-Invesments-LLC/Winston-Salem-North-Carolina-27103/Bullhead-Invesments-LLC-Associated-with-Brock-Scott-PLLC-Attorneys-the-same-address-754633. The posting time indicated is Arizona local time. Arizona does not observe daylight savings so the post time may be Mountain or Pacific depending on the time of year.

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REBUTTALS & REPLIES:
2Author 4Consumer 0Employee/Owner
Updates & Rebuttals

#1 Consumer Comment

You can only file a lien with a Judgement

AUTHOR: Judicial - (United States of America)

The rebuttal is correct, just because you owe a unsecured debt they can not file a lien on your house.  However, if they won a judgement then they can file a lien.  The lien should contain the information on case file for judgement.

Concerning service the suggestion of garbage service is also correct, however not really complete.  I owned a collection company for 8 years.  So here is how it works, in most cases you use the last known address of the debtor, if the debtor is not at that location any longer you can request the court to allow service by publication, which means placing the service info in a newspaper, you may have seen them.  You could of been a victim of unlawful service, such as they came to serve you and you were not there, but the server simply has to certify he handed to you or posted on your door, depending on the laws for service in your state.  There are servers that want to make the money and really don't care if you got the papers or not and like wise there are collection companys that feel the same way.

So check with the court to see the address they claimed they served you.  If in fact you did not live there during that time you may be able to appeal and remove the judgement.  This will take some time so if you want to sell the property now, you will have to pay the lien.  I assume you do owe the debt so most likely even if you do win the appeal they will just re-file the suit.  This depends on the Judge, dismissed with prejudice means they can not refile, dismissed without prejudice means they can re-file.

Here is another point if you file BK you should check to when your state considers a Judgement to be seasoned, in California it is 90 days.  A seasoned Judgement by law is considered the same as secured debt against the assets such as your home.  I had a seasoned judgement that was for a debt that had nothing to do with their house, filed the lien serveral years before the debtor filed BK, when the house sold I was paid by the BK trustee.

Side note, I know most the people here hate collectors and I use to be one, I now try to help with some free advice because I know the economy is terrible and a lot of people are in trouble and no I am not an attorney.  So here is the deal if my free advice is appreciated I will continue and if I see negative comments about me I will stop.

If you need more help contact me sourcemaster@juno.com

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#2 Consumer Comment

Additional info

AUTHOR: Robert - (U.S.A.)

If you don't remember being served you need to do some additional research.  The lien should include the Court and Case information for the suit.  What you need to do is contact the Clerk of the Court at that Courthouse to get the suit information.  You are most interested in the Proof of Service. 

Sometimes less than honest lawyers do what is known as "Sewer Service".  This is where they serve you at a time and place they know you are not at.  Such as an address you haven't had for 10 years.  Sometimes they just outright lie and say they served you at a time that was impossible.  Such as at your house when at that time you were at work. 

You also need to look up the Rules for Civil Procedure in your jurisdiction, more specifically the rules that define valid service.  Some allow them to serve anyone over 18 at your residence, some require it be served by the Sheriff or other Law Enforcement officers, some may even allow type of alternate service such as mail.   Keep in mind that if service is required by Law Enforcement and they did do the service, the chances of you being successful with your claims of not getting the summons is very slim.

One thing you didn't mention is if you have an attorney handling all of this.  If not I would highly suggest you contact one ASAP as they may be able to do this quicker, as you are probably under a time constraint.
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#3 Author of original report

Enough from all nonsense...

AUTHOR: Enough - (United States of America)

Thank you Robert for your information and yes the facts are what I want for me to make proper decisions and take the action to resolve this dilema I'm in. I have no papers or documents of being served so there, you already are very helpful. I now have a better picture and understanding of the facts for which I am grateful. For your opinion or perception of a "pity party" I can only say...May my situation which goes beyond this pety nonsense, ever happen to you or your loved ones". Again..Thank You.
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#4 Consumer Comment

Sorry

AUTHOR: Robert - (U.S.A.)

You are wrong about some very key points. 

While you may not like the way it was said IamGood was correct about a Charge-Off.  That does not mean that you no longer owe the debt.  All that means is that the original creditor gave up trying to collect on it so they sold it off to a collection agency.  So now you just owe that company.

A creditor can not just take property if the debt is unsecured.  However, IF that creditor gets a judgment against you they can place a lien against any property you may own.  If you were sued, and they have a judgment the lien is most likely legal and will have to be satisfied before the house is sold.

Your only "out" probably is if you can prove that the suit was not valid.  If you were properly served and showed up in court, or choose not to show up in court and they got a default judgment you are basically SOL..thats s*** out of luck.  If you can show you were never properly served, that is you never knew about this suit, you can file a motion with the courts to vacate the judgment.  If they do you can then get the lien removed.  It doesn't mean they can't re-sue you, it just means that in the short term you may be able to get through your situation.  Short of that you are going to have to contact that company to see what agreement you can come to for them to remove the lien.

You can have what amounts to a "pity party" all day long but it won't change this situation.  I know that is not what you want to hear but it is the facts of your situation.
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#5 Author of original report

Enough from all nonsense...

AUTHOR: Enough - (United States of America)

It appears that I was not specific and clear enough about my circumstances with Bullhead Investments lien on my propertyin foreclosure, so please allow me now. Be aware that you cannot place a lien on any property, specially your home / private residence with an unsecured debt, that is why it is and called "UNSECURED".  Now allow me to make you aware of circumstances...I suffered an accident while working at a site that which left me permantly impaired and handicapped. The employer refused to pay me and informed the Insurance company & Workers Comp that she was not aware that I was at the job site contrary to all evidence. It is by this event and unable to work since 2008, that I have befallen Foreclosure.

The accusatory and demmening consumer comment is only a reflection of self-righteous ignorance and unkindness. To believe that there are masses of dead-beats to include me and ignoring the present economic national reality as well as any other life circumstances is a sad and a total tragic reflection of the consumers rebuttal. It further offers no constructive solution, guidance and/or help while making clear to all, a life law... "Those who accuse the most are themselves their accusation and vitriol" and in the end lack 2 fingers worth of sense or intellect. If there is someone out there that can offer insight, I ask politely to do so.
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#6 General Comment

Nothing Illegal, you tried to get away without paying your bills

AUTHOR: IamGood - (USA)

hey Dummie:
There is nothing illegal about what they did.  The creditor has every right to sell your debt to anyone they choose.  The company that bought your debt filed a lien against your house in the hopes that the house would be sold, then they would have a chance to collect the debt.

A note, CHARGED OFF does not mean they cant attempt to collect the debt....  Why do you think this is a  "so called" debt????   You used the credit card from 2006 till 2008, and they decided
that you were no longer going to pay so they charged off the debt in 2009, and sold it.

THIS IS A LEGIT DEBT!!!!
Perhaps the Banks should file a class action suit against debtors like you for walking away from their debts.
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