Bankruptcy Law Questions? Ask a Bankruptcy Lawyer Now.
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
If the property had limited equity at the time of filling the liens could have been reomved.
removed, and may still be.
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?
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).