Ask Experts Questions for FREE Help !
Ask
    mykingandi's Avatar
    mykingandi Posts: 1, Reputation: 1
    New Member
     
    #1

    Jul 1, 2011, 04:46 PM
    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?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
    Expert
     
    #2

    Jul 1, 2011, 05:12 PM
    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?
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
    Computer Expert and Renaissance Man
     
    #3

    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.

Not your question? Ask your question View similar questions

 

Question Tools Search this Question
Search this Question:

Advanced Search

Add your answer here.


Check out some similar questions!

How can I legally and permanently get a boyfriend removed from the home I am renting. [ 1 Answers ]

My BF has been living with me in a house that I rent. He has been employed off and on for the last 3 years and I have been supporting him. Originally he was to pay 1/2 the rent but that job didn't pan out. He has a drinking problem and becomes verbally abusive, nasty and destructive. He tends to...

Marital home has jugdement against me, what happens if my name is removed [ 3 Answers ]

Going through divorce, judgement is against me but on the home that belongs to us both. If my name is removed from home, what happens to judgement?

Can we be removed from his my common law spouse's home? [ 2 Answers ]

"D" my common law spouse and I have been living in his home with our 3 children since Aug 1, 2007. One of the 3 children is his biological child the others are mine from a previous marriage. He left the family home about 6 weeks ago. I allow him visits with his son when he requests them. I have...

Removed from Home [ 3 Answers ]

He's the situation. I'm in the middle of a long, drawn out divorce from my ex-wife. She cheated on me and I found out about it a little over a year ago. She has subsequently moved out of our house and is living in an apartment, but because I can't afford to pay the mortgage (I was a full time...

How do I get my sister removed from my parents home [ 7 Answers ]

My sister is infecting elder abuse on my parents. She has been mentally abusing them, My parents are over 65years old and live in the state of California. They had to call the police on her 4-6 times in the last 2 month. My father is afraid of her he doesn't come out of his room and he's...


View more questions Search