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Need some advice about a lien at the clerk of court's office....

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    Need some advice about a lien at the clerk of court's office....

    We are trying to sell our house. We did not reaffirm the mortgage after we filed. I went to the clerk of court's office today just to check and make sure the title was clear because I remember having to do that when we bought it. Dumb, I know. I should have done that right away after filing. Well, there is something attached to our house from before we filed. Under "type" it says "notice of seizure". Our SUV was repossessed in January I think. We filed in June, discharged in Oct of 2009. I still have the emails from my atty discussing judgments and I think that this was supposed to have been cleared up. It also says "First Mortgagee: Iberia Bank". Iberia was the bank that held the note on the SUV. Under "description" is says "Civil Suit 2007 Buick Rendezvous".
    So, any advice here? I have absolutely no idea what any of this means other than it will stop any house sale I try. I have a call in to Iberia Bank but am still waiting. I am in Louisiana, by the way.
    Thanks in advance for any advice that comes my way!

    #2
    It sounds like Iberia received a judgment against you for the deficiency on your SUV and filed a lien against your house. If this debt was discharged you need to send the discharge papers to the clerk (recorder of deeds.) The exact process varies by state, but I bet the clerk of court will help you if you walk in there with your discharge papers. Unless they are notified, they don't know to release the lien.
    Do it yourself, but not alone

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      #3
      I just talked to the bank again. The snotty lady there said that she wasn't going to help me about taking it off. I told her I don't owe her any money. She said you did when we filed it. So I said, You have a lein on my house. I don't owe you money. Is that even legal? She quickly said she was going to contact her legal department and get back to me.
      Thank you, DIY, I will try that. I will bring my discharge papers to the clerk of court's office tomorrow and see how that goes.

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