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    despairedinIllinois's Avatar
    despairedinIllinois Posts: 11, Reputation: 1
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    #1

    Mar 18, 2008, 08:44 AM
    Lien on my property
    In 2003 we had a credit card company put a lien on our house, as we found out yesterday 03/17/2008. They apparently did this in Sept. 03 we filed Chapter 13 in Nov. 03. We put them in our Chapter 13 and they chose not to file. The bankruptcy lawyer told us that if a creditor chooses not to file, after the Chapter 13 is over that we no longer owe the debt, because they could have filed to get their money but they chose not to. We are in the middle of refinancing right now and this is putting a huge burden on us. Our credit report said the judgement has been satisfied, but at the courthouse it doesn't. Please can anyone help us with this?

    Thanks
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #2

    Mar 19, 2008, 08:26 PM
    The issue is how did you list them in the bankruptcy, if you listed them as a non-secured lender, this was not correct, snce with the lien, they are then a secure lender and has to be treated the same way as the other mortgage holders on your property.

    So if your lawyer is sure of them, have him file a motion with the federal bankrutpcy court to order the lien be released due to the filing, This is part of his job to be sure the bankrutpcy is honored.
    despairedinIllinois's Avatar
    despairedinIllinois Posts: 11, Reputation: 1
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    #3

    Mar 21, 2008, 01:55 PM
    This is what happened, the company put a lien on the property, then sometime between sept. 30th and when we filed bankruptcy in Nov of 03 they sold it to another company and then they were filed under our bankruptcy and got paid in full. Now we have been calling and calling their attorneys office to show and tell them there is a zero balance to get the lien off our property. The debt was paid in full in 2005. Every time we call them they give us some excuse of why they can't remove it at this time. So now we are forced to get an attorney and do something very quickly on this.

    Do you think we could sue them for something else like double dipping?
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