View Full Version : Multiple Public record Entries (FTB tax liens filed in error)


FredHand
Back in 1997, the California Franchise Tax Board (FTB) placed a lien on all my real property in California for what the FTB representative (name is available) claimed was unreported income. The lien was for about $55,000 for Tax Year 1994. The lien was recorded in Sacramento, and in all the California counties in which I owned real estate. The lien was released in 1999 and recorded in all of the appropriate counties. The lien released was obtained without negoiation, without any payments or offsets, for no monies were ever due. In fact the FTB refunded ALL fees imposed in filing the lien the lien were refunded.
The result is 7 liens (on seperate dates), and 7 liens released (all on the same release date) but with the format of documentation indicating that I had paid the liens to the tune of over $385,000! To further complicate the issue, each lien was for a different amount for they were not all issued on the same day, so each lien amount included the filing costs and computed interest of the previously filed liens: This difference in amount makes lenders suspect that they are in fact different liens, not the same lien recorded in different locations! Bad, very, very bad!
I have provided to the CRAs the detailed information, including the name and location of the initiating FTB representative. I have requested an investigation repeatedly, each time requesting a description of the investigation, the results of the investigation, the identity of the persons contacted in the investigation, and that the lien data be removed from my credit report (or somehow placed/identified so that it could not be construed as an indication of my credit worthyness.
All to no avail after 7 months of repeated requests. The liens still remain, the CRA's have provided no data, and it still impacts my ability to have/acquire credit. Specifically, American Express canceled my account, I can not get any new store or bank credit cards, and I have had to pay a higher interest rate on my last 3 real estate purchases!
Any suggestions on to effectively and efficiently correct this crazy situation?

trixie
This is not even close to my area of expertise, but I have a question that might help.

You can get a Judgment vacated, is there some type of Motion or Order that the FTB could file to "vacate" or "remove" this from your record?

I'm assuming that they would have to do it in all applicable counties/courts.

Another card you could play against the FTB is "damages" you are incurring with regard to "inaccurate" reporting on their behalf.

Just a few thoughts.

Christine
Yeah, the FTB needs to "remove" the liens. If you didn't pay them, you obviously didn't owe them and the liens were filed in error.

However, you're barking up the wrong tree when you go after the CRAs. They only REPORT what's been recorded. You may have them on violations, but I think you need to deal with the FTB.

Not a fun job, but I'd start by demanding in WRITING that they have the liens removed, NOT showing them as paid. I don't know what the legal term is, for judgments it's vacating, but there is definitely a way to "undo" the filing of a lien so that it will no longer show on the public records.

If you did request this done prior to your incurring the damages and you have proof, you may be able to sue for damages.