I filed for BK in 1996 and it was discharged. Prior to me filing I has a judgement lien placed against me. The judgement was included in the BK. I purchased a home in 2004 and now want to get a home equity or refinance. I was told by the title company that the judgement is still valid and needs to be satisfied. Is this valid?? Can a judgement lien that was discharged attach to property purchased after the BK? This is so confusing? I've called several atttorneys and got 5 different answers. PLEASE HELP!!
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After bk there is another step that needs to be taken to vacate a judgement. I am not sure on the exact details but I'm sure someone will come along that knows.
You may want to try doing a search on vacating a judgement or something similar.chap 7 discharge 06/07 -
I recommend you have the title company print out a copy of their report for you to show an attorney, regarding a lingering judgement.
Of course you're going to get conflicting information based on the limited information you're presenting.
You're assuming the person at the title company or the lender quoting the title company is giving you accurate information.
I wouldn't.
The world is full of incompetency.
Good luck to you.Comment
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What you need to do, is go to the Courthouse where your judgement is on file, and ask the court clerk how to have it discharged. They will give you an application as well as the information you need to fill out the form. They will even tell you how to fill out the form. You will need to serve a copy of that application to the judgment creditor. You need to file an affidavit of service too. The courtclerk will explain that to you. Then in 20 days after the service, the judgement is discharged.
However, the judgement creditor can dispute the application if the debt is not discharged in the bk, OR the judgement is an enforceable lien.
That is how it is done in my district. Yours may be different. Good luck.Comment
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BTW, here are a couple of reasons I seriously doubt that there is an active judgement lien still in effect.
Why during all these years haven't some type of enforcement measures been taken to secure your bank accounts, paychecks and etc., especially when your creditor is aggressive enough to have reinstated the judgement when it expired?
Why, When you bought your home, did your lender finance your home with an outstanding judgement lien in force?Comment
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