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Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116738
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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I filed bankruptcy (ch. 7). It was discharged in Jan. 2013.

Customer Question

I filed bankruptcy (ch. 7). It was discharged in Jan. 2013. I kept my home and the bank agreed to a modification on the first mortgage. The same bank had a HELOC in place that was charged off in phases beginning in 2011. Bank has since charged off entire amount, but has a lien on the house. The bank acknowledges that I do not owe anything on the lien due to the bankruptcy. My question: is there a statute of limitations in place that will eventually force the bank to remove the lien? Bank is Ohio, but property is in TN. Thank you.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the debt was discharged in bankruptcy and you no longer owe the debt and the bank has not sued "in rem" to get a judgment against the property to enforce the judgment against the property, you have a right to send them a written demand to release the lien, since it is barred by the 6 year statute of limitations to sue and since they never sued and obtained a judgment against you, the lien is invalid. Tell them if they refuse to release the lien, you will sue for removal of the void lien and will seek damages including costs and attorney's fees for having to go to court to remove the now invalid lien.
If they refuse to do so, then you would have to file a petition to remove the lien in the court and the court will vacate it.