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Terry L.
Terry L., Attorney
Category: Bankruptcy Law
Satisfied Customers: 2667
Experience:  Better Business Bureau. 18yrs bankruptcy experience. Chicago Bar Assoc. American Bankruptcy Institute member.
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what do i name the motion to avoid a lien that they never recorded

Customer Question

what do i name the motion to avoid a lien that they never recorded and so was never actually a lien? is it a non-possessory, non-purchase money ? It can avoided because there is another lien, a heloc that was recorded and with that amount, plus my homestead exemption, the total of the 2 is more than the current value of the home. Therefore I can avoid the debt of the first mortgage that was never recorded in 9 years. On top of that, the bank says they don't have the Note because they shredded it. Therefore, can you help me out with the CA statute, or USC code or BK law that shows it can be avoided. And the jurisdiction as well. MANY THANKS
Submitted: 5 years ago.
Category: Bankruptcy Law
Expert:  Fran-mod replied 5 years ago.
Hi, I’m a moderator for this topic and I wonder whether you’re still waiting for an answer. If you are, please let me know and I will do my best to find a professional to assist you right away. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 5 years ago.
yes I am still waiting for an answer, thanks Fran
Expert:  Fran-mod replied 5 years ago.
Sometimes, finding the right Expert can take a little longer than expected and we thank you greatly for your understanding. We’ll be in touch again shortly.
Expert:  cfortunato replied 5 years ago.
Hi Customer,
Did you receive a response from customer service about the 30+ Accept reversals?
Customer: replied 5 years ago.
I called him today and he, Adam, said he would look in to it. His number is XXX-XXX-XXXX. I told him about our correspondence and how you emailed them and how I don't think you guys should have not been compensated because of their error in whatever they did (which I was not aware of until you and the other expert brought it to my attention). Like i said, he said he would look in to it. he is there until 5 pm PST
Expert:  cfortunato replied 5 years ago.
Please let me know when you find out what happened.