In Ch 13 Plan now - just got a lien placed on a rental property during automatic stay
I've got a weird situation. I had filed a CH7 BK last year that discharged the debt from a piece of rental property that I own but, of course, the lien remains. I subsequently filed a CH 13 BK to take care of some things that were out of reach of the CH 7. In between, the lawn on the rental property had become overgrown.
I did get it taken care of but not fast enough since I racked up $5500 in violations from the city. The hearing took place and the total violation was determined in January 2010. I filed the CH 13 BK in February of 2010 and listed the city as a creditor. The city was allocated $0.00 since my disposable income would just about cover attorneys fees, property taxes in arrears and the trustee fees.
I was under the impression that the fine would follow the rental home but was surprised to find out that in July 2010, a lien had been placed on the property - what I expected - but the language "this is a lien on the property at XXX 123 St and any and all real or personal property owned by the defendant in the county of ABC Florida" (I paraphrase). The CH 13 has made my financial liability $0 but it clouds any property I own including my homestead if I am interpreting this correctly.
In my CH 13 plan, I have surrendered the property. My last payment was Aug of 2008. I have gone through four sets of buyers with decent offers trying to short sell the house - with the permission of the trustee when needed - but the bank would not accept - now it's worth many thousands less.
A few questions: Is this lien over-reaching or even valid since it will be a discharged debt at the end of the CH13? Is filing a lien during my CH 13 (6 months after the pre-filing date) allowable - I would imagine it violates the automatic stay? How do I shake this lien? I want a clean start without that lien hanging around my neck.
Thank for any info or advice,
Brian
I did get it taken care of but not fast enough since I racked up $5500 in violations from the city. The hearing took place and the total violation was determined in January 2010. I filed the CH 13 BK in February of 2010 and listed the city as a creditor. The city was allocated $0.00 since my disposable income would just about cover attorneys fees, property taxes in arrears and the trustee fees.
I was under the impression that the fine would follow the rental home but was surprised to find out that in July 2010, a lien had been placed on the property - what I expected - but the language "this is a lien on the property at XXX 123 St and any and all real or personal property owned by the defendant in the county of ABC Florida" (I paraphrase). The CH 13 has made my financial liability $0 but it clouds any property I own including my homestead if I am interpreting this correctly.
In my CH 13 plan, I have surrendered the property. My last payment was Aug of 2008. I have gone through four sets of buyers with decent offers trying to short sell the house - with the permission of the trustee when needed - but the bank would not accept - now it's worth many thousands less.
A few questions: Is this lien over-reaching or even valid since it will be a discharged debt at the end of the CH13? Is filing a lien during my CH 13 (6 months after the pre-filing date) allowable - I would imagine it violates the automatic stay? How do I shake this lien? I want a clean start without that lien hanging around my neck.
Thank for any info or advice,
Brian