Expert: Terry Leeders - 10/1/2009

Question
I filed BR chapter 7 in Florida Jan 2009 was discharged in may.I am selling my house and have found out that there is a lien on my house because i didn't reaffirm the mortgage. My attorney asked if was staying in the house and i said yes. There was never a mention of me reaffirming my mortgage nor did i realize i had to do this.

What is the process to get this lien off of my house and get the house sold with clear title.

Answer
The mortgage lien will stay on the home until the home is sold or paid thru a refinance. If there is a judgment lien from another creditor, then you would need to bring a motion to avoid the judgment lien in the bankruptcy case, which you would need to reopen.  Talk to your attorney about handling this.