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Bankruptcy Law/judgement lein 4 yrs after bk discharge

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Expert: - 9/13/2006


Question
This is coming up now because we are in the process of a re-finance on our home and the title company is showing a lien on our property by this finance company from a judgement that was discharged in my husbands BK in 2001.  We just purchased this home in 2005, my husband has never owned a home before this.  Was just wondering how they can put a lien on our home four years after the debt. was discharged due to BK and how to get this removed.
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Followup To

Question -
My husband filed bk 6/2001 and it was discharged.  Car finance co had a judgement on him and at that time my husband owned no property. We purchased a home in 2/2005 and just found out that the above car finance company put a lein on our mortgage...I thought once discharged from BK they could not do that?

Answer -
The lien really does not attach to your real property, provided that the judgment was discharged. Please explain why this is comming up now, and I can probably tell you how how to fix it.

Answer
Find out the name and phone number of the "Title Advisor" at the title company that your lender is using. You can get this info from your loan officer or from the escrow officer. Call the title advsor, and supply that person with proof that the judgment was discharged in the bankruptcy. That should be all that you have to do to clear this up.  

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Los Angeles Bankruptcy Lawyer Leon D. Bayer

Expertise

Leon Bayer has successfully represented clients in bankruptcy for over 30 years. He is frequently called upon by the media, the California Bar and other associations to provide insight and help educate attorneys on bankruptcy issues. If you or other readers want to keep up with my blog postings about life in and out of bankruptcy, you can follow my blog at http://www.bankruptcyblogger.org/ and my personal web site at http://www.debt-relief-bankruptcy.com and A Human Guide to Bankruptcy at http://www.thebankruptcyguide.net/ Leon also writes about bankruptcy law for Nolo, see http://www.nolo.com/law-authors/leon-bayer.html and his "Ask Leon" bankruptcy law blog column at http://blog.nolo.com/bankruptcy/

Experience

Leon is a Certified Specialist in Bankruptcy Law by the State Bar of California, and has been a practicing bankruptcy lawyer in Los Angeles, California for 33 years.

Organizations
National Association of Consumer Bankruptcy Lawyers, California Bar Association, Los Angeles County Bar Association.

Publications
Author, ?The Essentials Of Chapter 13,? Daily Journal Report, December 18, 1987.
Contributing Editor, Basic Bankruptcy, California Practice Handbook, Matthew Bender 1992, 1993.
CEB Consultant, CEB-Personal and Small Business Bankruptcy Practice in California, 2003.


Education/Credentials
B.A., J.D.

Awards and Honors
President, 1995-1996-Los Angeles Bankruptcy Forum; Member - Los Angeles County Bar Association Committee on Commercial Law & Bankruptcy, 1988. Law Advisory
Commission-Personal & Small Business Bankruptcy Law of the State Bar of California, 1996-2000

MR. BAYER SAYS: The big banks and credit card companys have been working overtime for many years to undermine the Consitutional right of the American people to be able to claim bankruptcy protection. In 2005 the banking lobby successfully convinced Congress and the President to make the laws and proceedures more complicated, hopeing that it will stymie legitimate people from filing bankruptcy. They succeeded in gaining these complex new legal proceedures by greasing the legislative system with hundreds of millions of dollars in "campaign contributions." The good news for the American people is that while the new laws have made the proceedures needlessly complex to the point where inexperienced people can't help but trip over the maze of new rules and regulations, the process is still doable, especially with a lawyer who is well trained and experienced in this specialty.

Past/Present Clients
I have probably handled something on the order of about 15,000 bankruptcy cases thropughout my career.

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