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View Full Version : How Do I Have a Lien Removed from My Home?


mykingandi
Jul 1, 2011, 04:46 PM
I went to get a loan from my bank to renovate my home and I was told I have a lien on my house, I didn't know this, but after some research, I learned that a bankruptcy I filed about 12 years ago that resolved all the debt, my house was not a part of the bankruptcy, one of the credit cards put a lien on my house, how can I get this removed?

AK lawyer
Jul 1, 2011, 05:12 PM
I went to get a loan from my bank to renovate my home and I was told I have a lien on my house, I didnt know this, but after some research, I learned that a bankruptcy I filed about 12 years ago that resolved all the debt, my house was not a part of the bankruptcy, one of the credit cards put a lien on my house, how can I get this removed?

Are you in the U.S. If not, the following discussion doesn't necessarily apply.

What do you mean your house was not a part of the bankruptcy? You don't get a choice. If you file bankruptcy, you are required to schedule all of your assets, including any real estate you have an interest in.

The charge card company must have obtained a judgment against you in order to record a lien against your house. Does the lien document mention a judgment?

When was this lien recorded with respect to the date you filed bankruptcy? Before or after?

If a valid lien was perfected before, it probably remains valid (unless, pursuant to the law of your state, it has expired). The bankruptcy wouldn't affect it.
If the lien was filed after your bankruptcy, it may be a violation of the automatic stay provision of bankruptcy and probably voidable.


If you are in the U.S. which state are you in?

ScottGem
Jul 1, 2011, 05:40 PM
You pay the debt. Unless the debt was discharged in the bankruptcy its probably valid. If it is you have to clear the lien before you can borrow more.