Hi, several years ago there was a judgment lien filed at the county clerks office for any real property in the county were I live. When this was filed I did not own any property. I later filed a chapter 13 bankruptcy and was granted a discharge. At the time of the discharge I did not own a home. I'm now in the process of buying a new home. In the process of having the title prepared it was discovered that the judgment lien was still on record at the clerks office. If I purchase this property can this judgment lien be attached to this property.
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Buying a home. Judgment lien question.
- Thread Starter bgent2004
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jharris352
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While NY Shark is correct about the definition of a lien there is another issue that you need to look into.
Was the creditor who had this lien included in your Chapter 13 bankruptcy? If so then the lien was discharged with your bankruptcy. If you included that lien, or the underlying debt in your bankruptcy (I'm sure you did) then contact the lien holder, present your bankruptcy discharge to them and demand that they file the paperwork to release the lien.
Many times creditors are lazy about doing this, especially pursuant to a bankruptcy where they didn't get paid in full. If they refuse to do so and they were in the bankruptcy, they are in contempt of court. Go back to your bankruptcy lawyer and he will rip a hole in their rear.
Good luck.
Was the creditor who had this lien included in your Chapter 13 bankruptcy? If so then the lien was discharged with your bankruptcy. If you included that lien, or the underlying debt in your bankruptcy (I'm sure you did) then contact the lien holder, present your bankruptcy discharge to them and demand that they file the paperwork to release the lien.
Many times creditors are lazy about doing this, especially pursuant to a bankruptcy where they didn't get paid in full. If they refuse to do so and they were in the bankruptcy, they are in contempt of court. Go back to your bankruptcy lawyer and he will rip a hole in their rear.
Good luck.
jharris352
New Member
NY, you have no idea what you are talking about. I on the other hand have 15 years experience with liens on properties. The JUDGMENT is a FI FA, did you miss that day in law school in Albany? A fi fa, attaches to any real property that you own in the jurisdiction NOW OR IN THE FUTURE. So if you get a judgment NOW and buy a property LATER it attaches.
So, if this person had a judgment that was discharged in the bankruptcy and the lien is still on the record (a very common occurrence) then the lien would attach to any property that person purchased. However the lien is no longer valid because it was discharged in a chapter 13 bankruptcy.
Even if you were right, and you aren't, this person doesn't own the property NOW!!!! They are concerned about the lien attaching when they buy it. So you would STILL BE WRONG even if you were right about how liens work.
So do me a favor and stick to things you have a clue about. This isn't one of them.
So, if this person had a judgment that was discharged in the bankruptcy and the lien is still on the record (a very common occurrence) then the lien would attach to any property that person purchased. However the lien is no longer valid because it was discharged in a chapter 13 bankruptcy.
Even if you were right, and you aren't, this person doesn't own the property NOW!!!! They are concerned about the lien attaching when they buy it. So you would STILL BE WRONG even if you were right about how liens work.
So do me a favor and stick to things you have a clue about. This isn't one of them.
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