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Ask Terry L. Your Own Question

Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2513
Experience:  Better Business Bur 15yrs bankruptcy experience. Chicago Bar
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I filed Chpt. 13 in 2003, it has been paid off. I had a home

Resolved Question:

I filed Chpt. 13 in 2003, it has been paid off. I had a home equity loan listed as one of the creditor, I am now trying to refinance at a lower interest rate. How can I get them to release me from this debt and no longer be listed as a 2nd mortgage?
Submitted: 3 years ago.
Category: Bankruptcy Law
Expert:  Terry L. replied 3 years ago.

Terry L. :

Hi and thank you for your question. In the future, you can request me to answer any further questions.

Terry L. :

Did you pay off the debt in the chapter 13?

Terry L. :

The bankruptcy does not strip off a lien. If you paid out the remaining contractual balance (incl. interest) then you need to request a release of lien from your creditor.

Customer :

Yes, in 2005

Terry L. :

So, if you paid out the full balance due, request the release of lien from that equity loan company you had the debt with.

Customer :

It was listed as one of the creditor, not sure how much was paid through the Chpt. 13? I paid off the bankruptcy in full to the Chpt. 13 Trustee

Terry L. :

You may need to hire a real estate attorney to work with the lender to get the release of lien. Give them your bankruptcy discharge and your chapter 13 plan, and trustee final report showing the distribution to that lender

Terry L. :

Was your plan paying off 100% to that loan?

Terry L. :

For instance, my cases usually have the debtor paying the 1st 2nd directly, with the chapter 13 plan paying off any arrears at the time of filig.

Terry L. :

filing.

Customer :

No, other creditors were also listed. What are my options now in order to get them removed. I am now trying to refinance, it can go through until this is handled.

Terry L. :

You need to see if the bankruptcy paid off the full balance.

Terry L. :

Talk to your bankruptcy attorney, or contact the trustee for a copy of the trustee's final report.

Terry L. :

If it was paid off in full, give that to your real estate attorney to deal with the lender to release their lien.

Terry L. :

if it was not paid off in full, you'll need to do that or adjust the refinance to include that balance.

Customer :

I can tell it did not accounting to what I received from Trustee.

Terry L. :

Ok, relay that to your real estate attorney then, and they can work with the lender to crunch new numbers.

Terry L. :

Good luck

Customer :

I was set to refinance tomorrow, lender said won't be able to close until this is resolved. What is best option to do it through bankruptcy attorney or real estate attorney? Can the statue of limitation run out on a debt like this?

Terry L. :

no, statute won't be an issue, as it is a lien against the title.

Terry L. :

if the debt is not paid, you need to go thru the real estate attorney

Terry L. :

the bankruptcy attorney can only get you documents.

Customer :

I will provide paperwork tomorrow to lender, he in turn will try to get lein released. At that point lender will tell me what they will settle for in order to release debt, I will then contact real estate attorney; does that sound like how I should handle it?

Terry L. :

yep.

Terry L. :

if you don't have the funds, you can see if the new lender can add it into the refi

Customer :

Thanks! I will do that!

Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2513
Experience: Better Business Bur 15yrs bankruptcy experience. Chicago Bar
Terry L. and other Bankruptcy Law Specialists are ready to help you

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