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Title issues after BK7 discharge

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    Title issues after BK7 discharge

    I am a first time poster so I apologize if this is in the incorrect sub-forum. Let me try giving the cliff notes version of our dilema:
    -We are in NC

    -DH had a judgment lien from credit card company on his property filed in 2004 which led him to file BK7 and subsequent discharge early 2005.

    -During the process it was clearly stated on legal paperwork that purpose was to avoid lien and he paid $300 extra in addition to the BK fee to have the judgment vacated (can't remember legal term).

    -Fast forward to last week, we go to closing on that property and the closing attorney states that there is a cloud on the title. BK attorney that handled everything is refusing to take calls or work with DH on this issue.

    What do we do? Our personal attorney talked to the closing attorney and he thinks this will be worked out. We paid the BK attorney to do a job he did not complete.

    #2
    I would believe your personal attorney that this will be worked out. Since the requested vacate motion was never filed, the motion will now be filed with the court and the lien removed.

    Since you paid your bk lawyer for services that were not performed, start by sending your bk lawyer a certified return receipt letter stating that since your vacate motion was never filed with the court as agreed, if the $300 fee is not returned by two weeks from today, you will be forced to contact the NC state bar and enter a complaint for misconduct in the practice of law.

    If you don't get your money back, then follow through. Here's who to contact in NC:
    Carolin D. Bakewell
    A. Root Edmonson
    Deputy Counsel
    North Carolina State Bar
    208 Fayetteville St. Mall
    P.O. Box 25908
    Raleigh, NC 27611
    P. 919-828-4620
    F. 919-821-9168

    Good luck! Hope everything is resolved very soon!
    I am not a lawyer and this is not legal advice nor a statement of the law - only a lawyer can provide those.

    06/01/06 - Filed Ch 13
    06/28/06 - 341 Meeting
    07/18/06 - Confirmation Hearing - not confirmed, 3 objections
    10/05/06 - Hearing to resolve 2 trustee objections
    01/24/07 - Judge dismisses mortgage company objection
    09/27/07 - Confirmed at last!
    06/10/11 - Trustee confirms all payments made
    08/10/11 - DISCHARGED !

    10/02/11 - CASE CLOSED
    Countdown: 60 months paid, 0 months to go

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