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Roger
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Category: Bankruptcy Law
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I tried to refinance my home and I was told by the title company

Customer Question

I tried to refinance my home and I was told by the title company that I have a judgment. I had filed for bankruptcy 10 years ago and apparently this judgement was filed 2 weeks before the suggestion of bankruptcy was filed. My case was a no asset case and it was resolved in 2004. The attorney never filed a motion for a lien avoidance. I am wondering what is the best way to go about this and if there is any statue of limitations as this has been over 9 years ago.

Thanks
MD
Submitted: 1 year ago.
Category: Bankruptcy Law
Expert:  Roger replied 1 year ago.
Hi - my name is Kirk and I'm a Bankruptcy litigation attorney. Thanks for your question.

A judgment in Florida can be enforceable for up to 20 years. Thus, the judgment is still viable.

According to Fla. Stat. § 55.10, a judgment becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of that county and operates as a lien for an initial period of 10 years from the date of the recording; and the judgment creditor may extend the 10 year period by complying with Fla. Stat. § 55.10(2):

"The lien provided for in subsection (1) or an extension of that lien as provided by this subsection may be extended for an additional period of 10 years, subject to the limitation in subsection (3), by rerecording a certified copy of the judgment, order, or decree prior to the expiration of the lien or the expiration of the extended lien and by simultaneously recording an affidavit with the current address of the person who has a lien as a result of the judgment, order, or decree. The extension shall be effective from the date the certified copy of the judgment, order, or decree is rerecorded."

That said, it is possible for you to reopen your bankruptcy and have the lien avoided. There's no time limit on re-opening a bankruptcy, so you should consider consulting an attorney about doing this as it should clear the lien off of your credit report.

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