I am so confused!
My house went to foreclosure in spring 2010.
The mortgage company got a judgment and lien against me.
Then later in the year I filed Chapter 7 and included the mortgage debt in the bk.
So my Chapter 7 was discharged a couple of months ago, but a few weeks before it was discharged my lawyer filed a "motion to vacate lien" due to the anticipated discharge of the debt. No creditor objected so it seemed like a no-brainer.
But instead of granting the motion, the judge scheduled an evidentiary hearing to discuss it -- and at the hearing this week, he denied the motion.
The judge said that the lien cannot be vacated.
Is this possible?
The motion was denied without prejudice so my lawyer is going to do some research and appeal.
I'm just confused because my lawyer made it sound like this was a routine thing that is done all the time. Now I'm wondering if he screwed up or maybe if he doesn't know what he's doing. I thought I was getting a clean slate with my BK but I guess not? I am terrified of having this judgment hanging over my head the rest of my life.
Do I have any hope here? Any advice?
My house went to foreclosure in spring 2010.
The mortgage company got a judgment and lien against me.
Then later in the year I filed Chapter 7 and included the mortgage debt in the bk.
So my Chapter 7 was discharged a couple of months ago, but a few weeks before it was discharged my lawyer filed a "motion to vacate lien" due to the anticipated discharge of the debt. No creditor objected so it seemed like a no-brainer.
But instead of granting the motion, the judge scheduled an evidentiary hearing to discuss it -- and at the hearing this week, he denied the motion.
The judge said that the lien cannot be vacated.
Is this possible?
The motion was denied without prejudice so my lawyer is going to do some research and appeal.
I'm just confused because my lawyer made it sound like this was a routine thing that is done all the time. Now I'm wondering if he screwed up or maybe if he doesn't know what he's doing. I thought I was getting a clean slate with my BK but I guess not? I am terrified of having this judgment hanging over my head the rest of my life.
Do I have any hope here? Any advice?
Comment