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After BK lien still on home

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allanburnham

Guest
What is the name of your state? California

A Lien was put on my home after a judgement against me from a credit card debt. 3 months later I went through a chapter 7 bankruptcy that included this particular debtor. The bankruptcy was discharged over 4 years ago. I am currently in the process of re-financing my home and the lien has shown up on the title report. I cannot find the lawyer as she is no longer in business around here. I do have a name and number for the bankruptcy trustee however. Do I have the right to have the lien removed and if so what would be my best approach to resolving this matter.

Thank You, Allan
 


HomeGuru

Senior Member
allanburnham said:
What is the name of your state? California

A Lien was put on my home after a judgement against me from a credit card debt. 3 months later I went through a chapter 7 bankruptcy that included this particular debtor. The bankruptcy was discharged over 4 years ago. I am currently in the process of re-financing my home and the lien has shown up on the title report. I cannot find the lawyer as she is no longer in business around here. I do have a name and number for the bankruptcy trustee however. Do I have the right to have the lien removed and if so what would be my best approach to resolving this matter.

Thank You, Allan
**A: the problem was that the lien was already attached to your property before you filed BK. When the BK was discharged, the creditor had a prior secured their interest via their judgement lien. At the point of attachment, the unsecured creditor became a secured creditor.
 
A

allanburnham

Guest
Re

Sounds like I screwed up! What would be my best course at this point? Should I just pay of the Lien in escrow and look at this as a learning experience or should I try and negotiate the amount that I owe? My main objective is to reduce my mortgage from a 30 year fixed to a 15 year fixed, my monthly payment would be about the same, but I would be reducing the eventual cost and length of the loan. Time is of the essence as I must close by the end of this month.
BTW how long can this sort of lein remain on title?
Thanks Again, Allan
 

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