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cortrightlaw, Attorney
Category: Bankruptcy Law
Satisfied Customers: 513
Experience:  Attorney practicing Bankruptcy Law including Chapter 7, Chapter 11, Chapter 12, and Chapter 13.
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If a lien on a property is dismissed by the court, can it come

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If a lien on a property is dismissed by the court, can it come back at all? Is there a statue of limitations. How hard would it be for it to come back on a property that is now in a trust?

cortrightlaw : Under what circumstances was the lien removed by the court? I need a little more details to be able to provide and answer.
Customer: My Mom's home was in foreclose and there was a lien on the property in addition to the bank. It was a credit card. The judge dismissed that lien and she only had to satisfy the bank loan. The lawyer told her the credit card holder could 're-file' the debt.
cortrightlaw : Does she still have the home or any other property that they can place a lien on. And was it a civil judge or bankruptcy judge that removed the lien from the home?
Customer: Yes, she still has her home but it is now in a trust. It was a civil judge.
cortrightlaw : If it is for a credit card debt it must be associated with a court judgment, that is what allows them to file a lien on property that she owns, or to garnish her wages, or seize money from her bank accounts. They can only lien property in the name of the judgement creditor, so if the trust is not in her name it should be protected. There are a lot of factors involved and I am dealing with the limited information provided on this site.
cortrightlaw : If you had an attorney establish the trust have them review the judgement and advise if the type of trust drafted is protect from further collection efforts.
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