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Old 10-06-2009, 06:42 AM
edwardian edwardian is offline
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Default Negotiating to Remove Liens off House

I have 2 liens from 2 CCs as a result of a divorce, both in my name. She signed off on the deed but I can't refi at this time. In decree, Judge assigns one to my ex of course she has no intention of paying. Recieved a settlement offer from one CA's attorney for less than half but offer expired months ago. I need to either refi or outright sell so I thought I would send this sample offer letter to both:

Dear Attorney who filed the lien,

CA, referred to as COLLECTION AGENCY and Me, referred to as CONSUMER, agree to resolve the matter of the alleged debt, originally held by CC, hereafter referred to as the CLIENT. CONSUMER hereby agrees to settle this alleged debt claimed by COLLECTION AGENCY on the following terms and conditions:
The COLLECTION AGENCY certifies that it is legally authorized to act in behalf of its CLIENT and that any agreement that the COLLECTION AGENCY makes on behalf of CLIENT is legally binding on the CLIENT.
The COLLECTION AGENCY and the CONSUMER agree that alleged debt is $45,299.39 (Forty Five Thousand Two Hundred Ninety Nine & 39/100 dollars). While the CONSUMER feels that validity of the debt has not been proved by the COLLECTION AGENCY, the parties agree that the COLLECTION AGENCY shall accept the sum of $5,000.00 (Five Thousand & no/100 dollars) as full payment on the debt and the judgment satisfied. The acceptance of the payment will serve as a complete discharge of all monies due, and the COLLECTION AGENCY agrees to consider the debt paid in full and agrees to not take further action to collect on the alleged debt. The payment shall be made in the form of a cashier's check or money order.
Upon payment of the $5,000.00, the COLLECTION AGENCY agrees to remove any listing or information that the COLLECTION AGENCY may have placed on the CONSUMER'S credit report and release of the lien filed in Franklin County Judgment number xxxx. The COLLECTION AGENCY agrees to never at any time in the future place any information on the CONSUMER'S credit report.
The CONSUMER feels that the negative information on CONSUMER's credit report is damaging and while the exact estimation of the damage is not currently known, the CONSUMER estimates it to be $10,000 (ten thousand dollars and zero cents. Should the COLLECTION AGENCY fail to remove the listing and lien or reinsert it at a later date, the COLLECTION AGENCY agrees to award liquidated damages of $10,000 to CONSUMER.
This compromise is expressly conditioned upon the payment being received by December 31,2009. If the CONSUMER fails to pay the compromised amount by December 31,2009, this contract will be immediately terminated.
The person signing this agreement, __________________________________, hereby declares that he/she is authorized to act as an agent of the COLLECTION AGENCY.
This Agreement shall be binding upon and inure to the benefit of the parties, their successors, and assignees.
Dated:
Signature: ____________
Legal Representative of CA
Signature: ____________
Me

Is this a wise move? or should I send it to the CA directly.
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