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Remedy a unsecured judgment lien mistake made by bankruptcy.

Sent to Legal Experts November 23, 2006 3:29 a.m.

I have funds from a life estate that is being held up by a title company because a judgment lien was filed against me 10 years ago. The judgment was listed on my Chapter 7 order of discharge. The judgment was an unsecured debt. In addition to the final order of discharge, the title company wants a "motion to avoid lien." My attorney at the time I filed bankruptcy did not file a motion to avoid lien. I hired an attorney last year who has filed a motion to reopen the bankruptcy case so that the motion to avoid lien can be submitted and approved but the judge refuses to re open the case. He said it was too old. How can remedy this situation?

Optional Information:
Valencia, California

Already Tried:
hired an attorney, searched the internet, seeked opinions from my professor, legal aid, CPAs, real estate brokers.

Customer (name blocked for privacy)

Status: Closed Value: $30

Info Request
November 23, 2006 3:59 a.m. (30 minutes and 2 seconds later)

Dear Customer (name blocked for privacy),

Please tell me. Of all the professionals you saw, did not one of them recommend a way to remove the lien or contest it?

What is the lien for and by whom. I need to know more about the lien. For example: What was the judgement for, and by whom. How much is the lien for? Has the lien been satisfied? etc.

__________________
YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson

Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3284 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

Reply
Sent November 23, 2006 1:36 p.m. (9 hours and 37 minutes later)

The judgment was a unsecured collateral loan for about $16,000 from a finance company. We (obo my Mom) understood that the lien was wiped out in the chapter 7 discharge order. After bankruptcy my Mom ceased from applying for credit and moved into a senior building.

The judgment resurfaced during a title search during an escrow transaction to sell my grandmothers estate. The title company was giving us some time to resolve the issue with the judgment.

Originally, back in 1996 an abstract judgment was filed. The creditor was recently informed of our request to reopen the bankruptcy case to fix the mistake during the court proceedings, which the judge denied. The creditor has renewed the original judgment and submitted a writ to execute the lien by selling the property of the new owner. The original judment was not against my grandmothers property so the writ is useless. The property that was used in the judgment was foreclosed by the bank that held the 1st trust. This is a very complex situation because the judgment and the bankruptcy is 10 years old.

Now, the new owners are involved, the creditor is pushing, the title company is threatening to handover the money to the creditor (which I will sue them for that). Because the creditor is listed on the discharge order in the chapter 7 case, and the money from the sale of the property was a gift.

Customer (name blocked for privacy)

Answer
November 26, 2006 2:29 p.m. (3 days and 0 hours later)

ACCEPTED

Dear Customer (name blocked for privacy),

The debt that was discharged should haver resulted in removal of the lien, which is something that should have been taken care of at the time of discharge. Since it has not, now the orginal lien holder thinks they have a case.

The problem I am having with this, is that there is also a statute of limitations that would seem to work in your favor concerning this issue.

I am unable to help you, because I am in the internet. You require, perhaps a change in councel,to someone who can more aggressively defend your position.

__________________
YOUR PAYMENT AND BONUS IF ANY MAY BE TAX DEDUCTIBLE

Edward M. Johnson

Ed Johnson -- International HR Consultant -- 99% Positive Feedback on 3284 Legal Accepts
GPHR cer BS, U.S.C. Pueblo; Immigration Law by Am. Mngmnt Association & USCIS Bus. Liaison ofc 1999

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