Property Lien?

[BillyRip]

Good morning gang... Can someone answer this for me?

Is it possible that a creditor who received a judgment to put a lien on my home, AND keep that lien after my BK7 is discharged?

Would the county have notified me if a lien was place on my home?

Thank you...

[justbroke]

You would not be "notified" of a lien, unless the lienholder notified you. The county is generally just a "recorder" or documents.

As for your first question, all liens survive bankruptcy. There are a few exceptions, but even those require that you (or your attorney) take action. if this lien was against your homestead, your attorney should have filed a Motion to Avoid Lien. If it was against other property... and you still have the property... they still have the lien.

The key will be, did they actually file for and receive a judgment lien and record it, prior to your filing your Bankruptcy in February! If they have, and it's against all property (which it usually is), you need to file the Motion to Avoid Lien for your homestead. Otherwise, if they didn't file in time... too bad for them. They will never be able to perfect that lien. If they do perfect it after you filed, then they are in violation of the automatic stay and you can easily get that removed!

[BillyRip]

Thanks JB... I guess I need to call the county huh?

[justbroke]

Thanks JB... I guess I need to call the county huh?

The nice thing in Florida is that all records are online. Find your County Clerk of the Courts website and search by your name for all record types. If the "judgment lien" was recorded, it should show up there.

Good luck!

[moneytrouble]

I had a lien against my home before Chapter 7 from the homeowners association for past due condo fees. Is that lien lifted as of my Chapter 7 discharge?

[justbroke]

I had a lien against my home before Chapter 7 from the homeowners association for past due condo fees. Is that lien lifted as of my Chapter 7 discharge?

All liens survive Bankruptcy (with very limited exceptions).

So, the lien is still on the property.

[pookieny]

My lawyer said that the lein would stay on for 10 years, however, if I had no plans to sell or refinance, then I don't have to do anything but wait till they drop off. If I am going to sell or refinance, then he could have them removed but there would be a charge for that.

[justbroke]

IF the lien is from a judgment, then it's 10 years and can be renewed for another 10 years. If the lien is statutory, then... I don't see it being removed.

I wrote big "IF" on the judgment lien, because HOA liens in Florida, for example, are consensual liens, not judgment liens.

In any case, before you decide on how to treat an HOA lien, be certain you understand the type of lien it is in your State. How HOA liens are treated will vary by State.

[music12]

All liens survive Bankruptcy (with very limited exceptions).

So, the lien is still on the property.

Do attachments on bank accounts also survive bankruptcy? Are they the same as liens? In other words, if money has been attached but not yet given over to a creditor because say the creditor hasn't yet proven that he is entitled to the money (yes, it can happen), what happens then? do they just get the money or do they still have to prove they are entitled to it?

[justbroke]

Do attachments on bank accounts also survive bankruptcy?

Those would be judgment liens. You would need to tell your attorney about these to see if they can be avoided. There are many ways to avoid judgment liens are other garnishments based on exemptions (like head of household, wage account, etc)

Are they the same as liens? In other words, if money has been attached but not yet given over to a creditor because say the creditor hasn't yet proven that he is entitled to the money (yes, it can happen), what happens then? do they just get the money or do they still have to prove they are entitled to it?

They are not the same type of liens if one is statutory/consensual and the other is from a judgment. If they do not obtain a lien for pre-filing debt before you file... they lose.

If they already have an order for garnishment, they've already "proved" it to the Court.

[moneytrouble]

When they foreclose on my home is the lien automatically lifted, or is there some legal process I have to go through to get my name removed from the lien?

[moneytrouble]

Does a lien get removed automatically once the amount due is paid? Does it require a lawyer to have it removed, or is it something the city clerk can remove?

[justbroke]

Does a lien get removed automatically once the amount due is paid? Does it require a lawyer to have it removed, or is it something the city clerk can remove?

It's not automatic. However most lenders will file a "satisfaction of mortgage" or other similar document releasing the lien, with the county clerk (or your local recorder's office). They should also send you the original Mortgage/Note stamped with the "satisfaction". I have several of these in my collection.

If the lender fails to record the satisfaction of mortgage/lien within 30 days, you should probably call them and let them know you're waiting.