Boone couple says bank holding up property sale

MADISON - A Boone County couple seeks jury trial complaining that GE Money Bank has held up their sale of real property in Madison.

Brent and Kim Lilly, represented by Madison Attorney Harry G. Shaffer, III, relate how a closing title examination found several liens of record for the property they wished to sell. Included was a lien in principal amount of $827 for GE Money Bank, a unit of the General Electric Co. that placed the lien with Mapother & Mapother for collection.

Lillys say after several attempts to contact M & M regarding a payoff, they placed $1,700 in escrow for the lien. In August 2010, after several attempts to contact Mapother, Lillys relate, they were directed to GE Money Bank, which had "pulled this account." GE informed the couple, according to complaint, that written authorization to the Shaffer & Shaffer law firm was necessary to allow conversation about the account.

Case details that after six attempts in October and November 2010 to contact GE, a representative informed that the lien had been satisfied. Boone County Clerk's Office verified last December 17 that no release had been recorded concerning the subject lien, which caused a default on the Lillys' General Warranty of title and held up the property sale.

Couple wants a jury to order release of the lien; determine damages for past and future annoyance and inconvenience, and loss of use of escrow funds, award litigation costs, pre- and post-judgment interests, and any other relief allowed by law.

The complaint was filed Aug. 9 in Judge William S. Thompson's Boone Circuit Court.

Boone Circuit Court case number: 11-C-164