We are 58 months into our 60 month Chapter 13....Before we filed I had a lien put on our property by a CC company. They were notified by our lawyer about our chapter 13...We want to refi our home when we get out of chapter 13 and have been talking to the local banks but they wont touch us because of the lien.....But our lawyer says it is no longer valid since 7 years has past (fall of 08) and not to do anything about it....and if our lawyer does do something he said it would cost us $1000 and be a waste of our money......what do we do....I live in PA...any advice before I pull all my hair out!!
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You might have to wait until actual discharge, but once that happens because it is attached to your house, you will have to file a motion with the court to vacate the lein. Otherwise the cc company will indeed get their money when you refinance. The judgment is taken out by the BK but the recorded lein remains. And that is what you need to get removed by filing this motion with the court.
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