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KJL LAW
KJL LAW, Arbitrator
Category: Real Estate Law
Satisfied Customers: 752
Experience:  Attorney at Law Office of KJLLAW
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I have leins on my property that have been discarged under

Customer Question

I have leins on my property that have been discarged under my bankrrup terms - how do I geet the judgements off my title?
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  KJL LAW replied 3 months ago.

Good afternoon.

Expert:  KJL LAW replied 3 months ago.

What type of judgments do you have?

Expert:  KJL LAW replied 3 months ago.

Hello and welcome to Just Answer. No attorney-client relationship or privilege is formed by speaking to an expert on this site, the answers are for general information. By continuing, you confirm that you understand and agree to these terms.

A little overview. This applies to all judgment types. Judgments are issued by the court which gives a creditor the right to place a lien against your property for failing to pay a debt. The creditor must first sue you, receive a judgment against you and then request that the lien be placed on the title to your property.

If this is the case with your lien, the bankruptcy would have eliminated your liability on the debts, but it did not get rid of the lien that was filed against your home.

Since you already received discharge and your case is closed you will need to take an added step to remove the lien. First you will have to file a motion with the bankruptcy court to re-open your bankruptcy for the limited purpose of filing “A motion to avoid the judgment lien.”

Second, once the case is re-opened, you need to file another motion to avoid the judgment lien. With this motion you need to include the following:

  • deed to the real property
  • an appraisal showing the value of the property at the time the original bankruptcy petition was filed
  • an appraisal showing the current market value
  • evidence of the balance of any mortgages when the original bankruptcy petition was filed, and
  • evidence of the amount of all liens on the property, including the subject judgment lien and any deeds of trust or mortgages.

The motions must be served to the former creditors, including the judgment lien holders, and a hearing is then held before the bankruptcy court. The court will then issue and order stating that the “lien is avoided”.

You will then take that order to the county clerk in the county where the property is located, which will remove the cloud on your title.

I hope this helps.

Expert:  KJL LAW replied 3 months ago.

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Expert:  KJL LAW replied 3 months ago.

Please rate the question for credit and tracking. If you do not rate the question I will not get paid for assisting you with your question. You will not be charged extra to rate the question and you can ask follow up questions.

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