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Ask WALLSTREETESQ Your Own Question
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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This question is in regards XXXXX XXXXX judgements that are recorded

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This question is in regards XXXXX XXXXX judgements that are recorded on my home's title work at the title office. They are from debts that pre-date my home purchase. They got court judgements and had them recorded against this home practically as soon as the home mortgage was recorded. I paid a bk attorney a good amount to do a full chapter 7 bankruptcy against all of them in 2010. All is supposed to be discharged and forgiven except home. How come the judgements are still being held against the title? Can I get them off the title work?


This is a common issue, and your attorney should have advised of you the matter,


these judgments were converted to liens, and once placed on a home are not easily removed even after discharge.


Judicial liens can be removed after the debt has been discharged if the lien interferes with a valid exemption. Thus, if you have a house with $200,000 worth of equity and you are entitled to a homestead exemption in excess of $200,000 you can either contact the lender and advise them the judgment was discharged, and the liens would be removed,



or you would have to file a motion to remove the liens in bankruptcy court, you may want to have an attorney help you with this.


In MI the homestead exemption is limited : Homestead

(NNN) NNN-NNNN- Real property, including condominium, up to $35,300(if over 65 or disabled, up to $52,925); but may not exceed 1 lot in a city, town, or village, or 40 acres elsewhere. Spouse or child of deceased owner may claim the exemption. Unmarried co-owners and spouses may not double. Tenancies by the entirety are exempt without limit as to debts of one spouse.

If the property had limited equity at the time of filling the liens could have been reomved.


removed, and may still be.

Customer: replied 3 years ago.

There was very little equity and now we are under water, our home value has dropped 40,000 or more according to tax statements. We and bk attorney didn't know there were liens on house title at the time.

So you are saying it did no good to file bankruptcy because they can still collect even though they were discharged?

Would they move on to any new titles?

because they are liens that are not secured by any equity, you should file a motion to have them removed.

Liens are not automatically removed after bankruptcy, a specific motion had to have been filed.
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