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    cal1332's Avatar
    cal1332 Posts: 2, Reputation: 1
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    #1

    Sep 12, 2007, 05:54 PM
    Bankruptcy was discharged can a lien be placed on property?
    I had filed personal bankruptcy a few years ago, (4), I have been getting calls from a 3rd party company claiming they were hired by a company that I had a loan with , that was discharged. They keep calling me to "inform" me that there is a lien on my property. I have never received any correspondence from anyone regarding a lien. How would I know if there is a lien on the property and is it legal for these calls to coninue ?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #2

    Sep 12, 2007, 05:58 PM
    You need to check with the county clerk or registrar to check if a lien has been placed. You would probably not be notified if it had happened, but a title search would reveal it.

    If you find a lien has been placed, take a copy of your bankruptcy papers showing the debt was discharged and have the clerk remove it. Then tell the people calling you to stop.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Sep 12, 2007, 06:32 PM
    And if this debt was discharged in the bankruptcy it is not legal for them to harrass you for payment. You should be giving them your attorneys name and tell them to only contact them.
    cal1332's Avatar
    cal1332 Posts: 2, Reputation: 1
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    #4

    Sep 12, 2007, 06:42 PM
    Quote Originally Posted by cal1332
    I had filed personal bankruptcy a few years ago, (4), I have been getting calls from a 3rd party company claiming they were hired by a company that I had a loan with , that was discharged. they keep calling me to "inform" me that there is a lien on my property. I have never received any correspondence from anyone regarding a lien. How would I know if there is a lien on the property and is it legal for these calls to coninue ?
    Thanks so much Fr. Chuck ! I was so nervous after this call , they actually told me they are going to recommend foreclosure proceedings ! This company is a scam I believe. Thanks for your help. God bless.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #5

    Sep 12, 2007, 07:16 PM
    Now you do need to go and see if they have a lien, if they had a lien, and the lien was in place during the bankruptcy, and it was not listed as a secure debt, their was never a release of the lien, or the lien may not have been included. But the lien would have had to be in place BEFORE you filed for bankruptcy.

    A simple trip to the court house will tell you if there is a lien on the property or not.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
    		  
    #6

    Sep 12, 2007, 07:33 PM
    Even if a lien is in place, it is unlikely they can foreclose.
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