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-   -   How Do I Have a Lien Removed from My Home? (https://www.askmehelpdesk.com/showthread.php?t=585127)

  • Jul 1, 2011, 04:46 PM
    mykingandi
    How Do I Have a Lien Removed from My Home?
    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?
  • Jul 1, 2011, 05:12 PM
    AK lawyer
    Quote:

    Originally Posted by mykingandi View Post
    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?
  • Jul 1, 2011, 05:40 PM
    ScottGem

    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.

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