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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Bankruptcy Law
Satisfied Customers: 18382
Experience:  B.A.; M.B.A.; J.D.
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Filed bankruptcy in 2009 discharged 5/2010, had 1 judgement

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Filed bankruptcy in 2009 discharged 5/2010, had 1 judgement that was included in bankruptcy.

Currently in divorce I am keeping house and am refi with Chase who held the mortgage during bankruptcy. There is no lien against the house just the judgement from FIA card services on my credit report.

The underwriter wants an avoidance of Lien, have asked my divorce lawyer and bankruptcy lawyer about doing this. Waiting for there reply in meantime is this something I can do myself and if so how do I go about the process.

Thank you,
Gene
Thank you for giving me the opportunity to assist you. Kindly use CONTINUE or REPLY button to ask for clarification or follow-up questions.

Could you clarify?

If there is no lien against your property, I am not sure what lien the underwriter wants you to avoid.
Customer: replied 3 years ago.

I had a judgement against me for a CC balance that we included in our bankruptcy, it is still on my credit report, there is no lien against the house for this but here is the message I got from the mortgage banker from the underwriter,


Here is the info I received from the title company and underwriter, regarding judgment.



They are stating yes it was included however we will need an avoidance of lien in order to get this removed by the underwriter. The client will need to ask the BK attorney to ask the courts for the avoidance of lien.

Thank you for the information:

I had a judgement against me for a CC balance that we included in our bankruptcy, it is still on my credit report, there is no lien against the house for this but here is the message I got from the mortgage banker from the underwriter,

Here is the info I received from the title company and underwriter, regarding judgment.

They are stating yes it was included however we will need an avoidance of lien in order to get this removed by the underwriter. The client will need to ask the BK attorney to ask the courts for the avoidance of lien.

Response: Obviously, the underwriter does not understand the bankruptcy process. You only avoid a lien on property if the lien would impair the exemption that you are entitled to claim for that property. When there is no lien on a property, there is no lien to avoid. Nevertheless, you can contact the creditor's bankruptcy department and ask them to release the Judgment on your credit report. However, this is not necessary. The Discharge Order along with copy of Voluntary Petition and the Schedules and Statement of Affairs containing the information regarding the debt should be enough.

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