Lien of Judgment

[dtracey]

What is the name of your state? Maryland

I have recently sold my home and I am trying to settle on it, the title company is telling me the there is a lien on my property. This was cleared in the bankruptcy I filed (in the list of creditors) a previous title company "cleared" the title, why is this still showing up??

Stressed out!! Please help

[seniorjudge]

Originally Posted by dtracey

What is the name of your state? Maryland

I have recently sold my home and I am trying to settle on it, the title company is telling me the there is a lien on my property. This was cleared in the bankruptcy I filed (in the list of creditors) a previous title company "cleared" the title, why is this still showing up??

Stressed out!! Please help

If it's a lien going into bankruptcy, it's a lien coming out of bankruptcy.

There still has to be a release of the lien recorded in the land records in the county where the land is located.

I can't tell you why the previous title company missed it, but the current title company is correct.

[dtracey]

Originally Posted by seniorjudge

If it's a lien going into bankruptcy, it's a lien coming out of bankruptcy.

There still has to be a release of the lien recorded in the land records in the county where the land is located.

I can't tell you why the previous title company missed it, but the current title company is correct.

ok, the lien was put on when my husband and I were on the title, the bankruptcy/lien was filed in my name only. So is this money still owed even though it's been discharged through a bankruptcy? Or has someone screwed up and half AS*ed the paperwork?

[seniorjudge]

Originally Posted by dtracey

ok, the lien was put on when my husband and I were on the title, the bankruptcy/lien was filed in my name only. So is this money still owed even though it's been discharged through a bankruptcy? Or has someone screwed up and half AS*ed the paperwork?

I don't know if you owe any money, but the lien is still on the real estate and needs to be released.

[dtracey]

Originally Posted by seniorjudge

I don't know if you owe any money, but the lien is still on the real estate and needs to be released.

who should I contact to release it?

[seniorjudge]

Originally Posted by dtracey

who should I contact to release it?

Whoever has it.

[dtracey]

Originally Posted by seniorjudge

Whoever has it.

ok, new information.....if the account was discharged/liquidated in the bankruptcy and I am being told that I still have to pay to release the lien...where did the "charge-off" go?? The payoff (release) is the same amount that was in the bankruptcy. Sorry I am so confused, something I thought was cleared up....comes back after all this time.

[seniorjudge]

Originally Posted by dtracey

ok, new information.....if the account was discharged/liquidated in the bankruptcy and I am being told that I still have to pay to release the lien...where did the "charge-off" go?? The payoff (release) is the same amount that was in the bankruptcy. Sorry I am so confused, something I thought was cleared up....comes back after all this time.

Did the creditor say you owed them money?

Shouldn't since the debt was discharged in bankruptcy.

But the lien is still there and must be released by the creditor.

[dtracey]

Originally Posted by seniorjudge

Did the creditor say you owed them money?

Shouldn't since the debt was discharged in bankruptcy.

But the lien is still there and must be released by the creditor.

Yes the creditor is saying I still owe the money, even though the account was in the bankruptcy.

[seniorjudge]

Originally Posted by dtracey

Yes the creditor is saying I still owe the money, even though the account was in the bankruptcy.

You will have to get a certified copy of the discharge (can't remember which schedule it is) showing that creditor was discharged; then give it to the creditor.

Deal with the creditor in writing only and keep copies of everything. Send everything by snail mail, certified mail, return receipt requested.

Stand by for other opinions since I am NOT a bankruptcy attorney.

[dtracey]

Originally Posted by seniorjudge

You will have to get a certified copy of the discharge (can't remember which schedule it is) showing that creditor was discharged; then give it to the creditor.

Deal with the creditor in writing only and keep copies of everything. Send everything by snail mail, certified mail, return receipt requested.

Stand by for other opinions since I am NOT a bankruptcy attorney.

it's actually the settlement corporation, for the creditor, and I am being told that a bankruptcy does NOT cancel out a judgement. I just don't want to pay something that should have been absolved a long time ago.

[seniorjudge]

Originally Posted by dtracey

it's actually the settlement corporation, for the creditor, and I am being told that a bankruptcy does NOT cancel out a judgement. I just don't want to pay something that should have been absolved a long time ago.

What did you get sued for and what is the judgment for?

There are indeed kinds of judgments that are not dischargeable.

Don't you have your discharge papers?

[dtracey]

Originally Posted by seniorjudge

What did you get sued for and what is the judgment for?

There are indeed kinds of judgments that are not dischargeable.

Don't you have your discharge papers?

The creditor was MBNA (credit card), it shows in my bankruptcy paperwork that the account was discharged, but the problem is I am being told by a settlement corp. (Becket and Lee) that it still has to be paid. The amount on my discharge papers and the amount in the letter are the exact same acct and amount.

[JETX]

Okay, lets try this again..... without all the other 'stuff'....

The debt may have been discharged in court, but that does nothing to the judgment or the lien.

You will have to:
Contact the original court and file a "Motion to vacate" the judgment as it was discharged in the bankruptcy (assuming it was).

You will also have to contact the current judgment owner (lien holder) and forward a copy of the bankruptcy discharge to them. If the judgment was listed on in the creditor matrix, it would be discharged by the court. Instruct the lienholder to release the now-invalid lien as the debt was discharged by the bankruptcy court (if it was). Their failure to remove the lien is a defamation and encroachment on the title... and could be subject to legal proceedings if not removed.

[dtracey]

Originally Posted by JETX

Okay, lets try this again..... without all the other 'stuff'....

The debt may have been discharged in court, but that does nothing to the judgment or the lien.

You will have to:
Contact the original court and file a "Motion to vacate" the judgment as it was discharged in the bankruptcy (assuming it was).

You will also have to contact the current judgment owner (lien holder) and forward a copy of the bankruptcy discharge to them. If the judgment was listed on in the creditor matrix, it would be discharged by the court. Instruct the lienholder to release the now-invalid lien as the debt was discharged by the bankruptcy court (if it was). Their failure to remove the lien is a defamation and encroachment on the title... and could be subject to legal proceedings if not removed.

the settlement company is telling me that I need to pay it in order to get an order of satisfaction.