Question re: Liens....

[Quentin]

How do I find out if there are any liens against me?

And, if I find I have some liens, then, do I have to write letters to the lienholders to ask them to release me from the lien? If so, what do I say in the letter? And, does the lienholder have the option to release me or to not release me?

Is there a deadline for me to write the letters? My hearing is December 29th...

Thank you so much, everyone!

[sassy]

Depends on whether the lien is on real property. If it is on your home, it is "perfected" or has it been recorded at the county recorder's office where the property is located. If it was recorded before you filed bankruptcy, it won't be automatically discharged in your bankruptcy. You have to file a "motioin to avoid lien", which is a separate lawsuit within your bankruptcy and usually requires an additional attorney fee (unfortunately) and filing fee. If you have an attorney, they should have discussed this with you.

The basis for determining dischargeability involves your homestead exemption and amount of equity in the property. It is technical and you do need an attorney to do it right as you only get one shot. If you want to check to see if there are liens on your property, go to the county clerk and check under your name (spouse's name or other title holder), property address and name of person or company who might have lien. CHECK ALL THE NAMES!

My husband's ex gave her attorney a lien on property they owned together. My husband got the property in the divorce and we live on the property. (divorce took 7 years). We checked with the county clerk under their names to see if it had been recorded and also the property address and were told there were so liens so we thought the attorney never perfected it and we were safe once we filed bankruptcy. Turns out the county clerk filed it under the attorney's name and it was perfected. Now we have to file a "motion to avoid lien" to try to get it removed. We have a technicality involving this type of lien in Calif. and case law that says the attorney shoud have refiled the lien once my husband was given his new interest in the property and the attorney didn't do this so we have a good chance but if the attorney won't voluntarily remove the lien, we have no option to file the motion.

I hope that helps. If you weren't talking about a real property lien, then I apologize for the wrong info.

Good luck