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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Is there any advantage, for a lender OR creditor---once a debt

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Is there any advantage, for a lender OR creditor---once a debt has been either paid or "released" by a bankruptcy...to not properly "convey" the recording of that debt.?.?

In other words. Would a lender be able to somehow "utilize" a situation where he/she did not properly correct the fact that there was no longer a debt due.?.?

William B. Esq. :

Dear Customer, thank you for using our service. My name is XXXXX XXXXX I would like to assist you today.

William B. Esq. :

I do not understand what benefit these lenders would have in ignoring a bankruptcy discharge of their liens or claims against your home.

William B. Esq. :

The most likely answer is a mistake or error on the lender's part over 8 years ago during the course of your bankruptcy, but I am merely speculating on this point. The only other suggestion would be that they are attempting to read your discharge in a different way (claiming it does not reach their lien).

Customer:

So pardon me sir....but is your answer that there is no benefit not to have properly removed such information--or you just don't know.?.?

William B. Esq. :

There is no benefit to wrongly maintaining title.

William B. Esq. :

(or a claim on title such as a lien).

Customer:

This is referred to as "clouding" a title is it not.?.?

William B. Esq. :

That is one way to term it. A lien does create a cloud on title. To rid your property of this (if they will not do so voluntarily) you can do so through a civil court "quiet title action", or you can return to bankruptcy court to dispute the claim.

Customer:

I just sent the attorney who "directed" my bankruptcy a $1,500.00 retainer she requested to have this all removed from the title of my home, as I just recently had made arrangements to take out a small "Home Equity Loan" to help build up my credit rating---but now the bank has obviously halted the loan until I get these notations removed------and just as obvious, I'm reeeeeeeally P----d off at these lenders for not properly following through. I don't have an extra $ 1,500.00 to spend on an attorney because these idiots didn't act professionally. What would be your recommendation to get this resolved Sir...

William B. Esq. :

Just a quick disclaimer: I cannot give any specific legal instruction or strategic advice. But I will try to give you some options. Just so I can better help you, you say that you have already paid your attorney to pursue this matter, can you tell me if she has made any progress?

Customer:

I understand---I'm not looking for legal advice....just an opinion. I just sent her the certified check today, and she will begin work on the case beginning Monday the 9th. I have called one creditor---but he has neither contacted me nor my attorney. The other creditor has not been contacted yet, and this is a debt totaling more than $900,000.00--but we have documents stating that it was discharged in my 2009 bankruptcy. I'm just angry that my loan was stopped dead only because these "professional" lenders did not fulfill their responsibilities....and now I'm having to shell out $ 1,500.00 to correct it. My attorney is both well known and has over 25 years in the business, so she will get it done----but I want these creditors to compensate me for my costs.

Customer:

My original train-of-thought was that perhaps these creditors were using the false recording of these debts as a means to manipulate either their books and/or taxes.........but I quess not.?.?

William B. Esq. :

My observations would be this: (1) your attorney should be able to resolve this quickly - the threat of action in the bankruptcy court should motivate the creditors to quickly resolve this situation; and, (2) while it may be a reasonably strong possibility that the creditors have violated the discharge by retaining the lien or liens on your property, it may be far more costly (both in time and resources) to pursue them in a secondary action (although if your damages continue to go up, that may be worth considering).


While the creditors may have some internal accounting issues they will have to work out, I would chalk this one up to incompetence as opposed to intentional conduct - there really is no gain to messing around with the bankruptcy discharge, and potentially the penalties could be large.

William B. Esq. :

Just because you aren't suing them doesn't mean your attorney cannot ask them to compensate you for your loss, but this is a strategy call on your part (if it will muck up the work getting the liens removed it may not be worth it, but all of this is just your options, you are the one with connections to the case, and it is your call as to how you wish to proceed, I am just trying to give you some of the basic options that may be considered in these types of situations).

Customer:

Understood....I appreciate the detailed explanation. My weekend should be a little more pleasant now. I have nothing else. Thanks for your expertise....

William B. Esq. :

My pleasure, I hope that this goes well (and quickly) for you. Have a great weekend. Bill

William B. Esq. :

Thank you for using our service. If you have more legal questions you can direct them to me specifically if you wish by titling them "For William B Esq. Only..." and a moderator will notify me.

Customer:

Will do...... Thanks again!

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