Question about cc liens

[sealpup]

I'm a little confused about cc liens.
My husband got a lien as a result of a Discover Card account last year- but is it attached to our house or his name? We have heard nothing from them since the notice that they got a lien.
Does this kind of lien involve extra steps/expense to discharge in a BK case?

Discover Card obtained a judgement against me this year. I made payment arrangements and having been paying as agreed for 6 months now. They recently messed up one of my payments and I asked them to send me a statement of my account. On the statement it has a column under charges that says "Lien". Does this mean they got a lien against me?? I never received notice of this and if they did, shouldn't they have sent me something saying that they did?

How can you find out if you have liens of this sort on your house/your name?

I want to stop paying on my payment arrangement with Discover Card ASAP so I can save $ to retain a BK lawyer, but I want to figure this out first. Wondering what kind of consequences there will be if I don't pay them for 2-3 months prior to filing BK. I am fully aware of their legal remedies to get $ from us, but can they have a lien AND also use garnishment, bank levy's, etc? If they do have a lien on me or our house, I'm wondering since my husband hasn't heard anything since the lien notice over a year ago, if I could slide semi under their radar with no payments for a few months before the BK filing.

Thanks so much!

[shark66]

It is my understanding (which may be incorrect) that your local courthouse - the one where the judgment was issued - would have the information on any lien placed on your house.

That being said, a lot of this stuff is done by local rules, but checking there first won't hurt.

Any such lien is regarded as a "junior" lien to your mortgage(s) so if your house is underwater, it's pretty worthless in real life.

However, once the debt is discharged through the BK process, your attorney will have to file a Motion to Vacate in order for any existing lien to be taken off the records, so to say. In my neck of the woods attorneys charge a couple of hundred to get that done.

I'm sure more experienced members will chime in in no time - this is the best info I have.

Good luck.

[LadyInTheRed]

A lien against real property would be recorded in the county recorder's office. If you are in Denver County, you can search for recorded documents at http://www.denvergov.org/tabid/37889...eal%20Property. If you are in another county, search for the county recorder's website and see if they also have an online search. You may need to actually go to the recorder's office to do a search.

It's also possible they filed a UCC lien against your personal property with the Secretary of State. You can search for that at http://www.sos.state.co.us/cgi-forte...ter_form.forte

[sealpup]

Thanks- very helpful answers! Our house is underwater by about 40-50K at least, so I guess I don't really have to worry to much about these jr. liens.
LadyinRed- I did check the websites- the UCC one turned up absolutely nothing in either my name, my husbands name or my maiden name (which is on some of my old cc accounts). I did however find some stuff of my in-laws- lol! I am not in Denver County, but did find the county recorder website for my county. Again, I searched my name, husband's name and my maiden name. I searched judgements and liens. All I could find was a lien from our HOA only listed in my husband's name. I didn't even know they actually had a lien- I knew they had a judgement. Are you supposed to get notice of any lien filing? And it's only in my husband's name which I find kind of strange since I am on the mortgage too. Shouldn't they have to list me as well? I found the judgement from Discover Card for my husband, but no lien showed up. Does this mean they don't have one? I also found my Discover Card judgement, and again no lien. How accurate do courts keep their records like this? Is there anywhere else to look?
When I do file BK, besides the motion to vacate judgement, do you have to submit something else to get rid of liens like this? Or does vacating the judgement automatically make the lien void?