Judgement not abandoned after BK..closing in 3wks!

[bornej]

What is the name of your state? CO

How do I get a judgement abandoned after BK? We close on our house in 3 weeks & just found out that one of the judgements we included in the bk was not abandoned by the attorney that file it & now there is a lien on our title work? I have talked to my attorney who says that the attorney that filed the judgement may or may not decide to abandon it. Is this legal? If he decides not to abandon it, how do I get the lien off my title work?

 

[Ladynred]

You, or your attorney, should have filed a motion to vacate the judgment at the time of your discharge. You're going to have to do it now and the reason, of course, is that the debt was discharged in bankruptcy. That SHOULD invalidate the lien.

 

[bornej]

Thanks for your response. So this is something my attorney should have done & NOT the attorney that filed the judgement?

 

[Ladynred]

That is correct. Your lawyer should have handled this, the lawyer for the judgment creditor sure as heck isn't going to do anything with it - not until you get the judgment vacated.