Lien filed after bankruptcy filed. What the!

[Bobby'sGirl]

I wonder if...

... the original poster bought just an air conditioner or if the same company that sold it to him then installed it and financed the work for him through an installment type loan with another party, such as a bank. I will be discharging an installment loan for windows and a door arranged through Sears, installed by their contractor and all financed through them with a bank (not Sears). But under $10,000 so wasn't written up as home improvement (secured loan) on house and it is listed on credit reports as unsecured. I gave my lawyer the original contract and he said it can be listed as unsecured and since I just stopped paying on it last month, the BK should be filed before they get a judgement or try a lien. He said he had a contractor threaten a client with coming out and "uninstalling" the windows put in, and he said, fine --- he would be there with a camera and clipboard documenting resulting damage to house upon removal, and send a bill for repairs. Never happened. I hope orginal poster comes back on thread to give us an update after he meets with his attorney.

[no_it_all]

Yep!
What the others have said is correct. You'll have to have an attny to remove the lien on file at the Court House.

Ok, feel better? BTW, it is still incorrect. You do not have to have an attny remove a lien filed at the Court House. You (and most of the other posters) are also confusing a Judicial Lien with a Statutory Lien.

[Minnymouth]

No it all,
Do NOT confuse members by stating that they do not have to have an attorney to remove a lien at the Court House......

It is ADVISABLE that they obtain an attorney to handle this with all the particulars involved with removing a lien....... most members would NOT BE KNOWLEDGEABLE in this area of law.......

Yes, You can go to Court and do it yourself.......... but you better know what your doing......

No it all, when you make a statement back it up with why, when where, or how you think they need to accomplish settling the problem...........

Statements such as "incorrect, wrong, No," do not offer anything to the conversation...... other than you disagree.............

[illinoispatriot]

Another wrench to throw out there is when I signed the contract it was after being approved by a third party lender.
About a month after the installation I started receiving letters from the contractor stating that the lender wanted a "newer" version of their application filled out. It appears that the contractor had given me the lenders old version of the credit application. This did not affect my approval for the loan, but since I did not send them the new application, the lender refused to pay the contractor. I became disabled right at that time.

[JeepMom]

FWIW in IL you are allowe d to MOW the yard of an abandoned property and place a lean on the house. You will be paid whatever rate you set before the house sells. If it is foreclosed on you have an intrest in the house.

[scammer]

Hey Sinkingfast, and anyone else.

Since you are becoming quite an expert and from my readings I think your understanding of the laws are quite sharp. My attorney is still trying to walk away from this debt that was created by the Condo association in MO. I can't believe he will be successful in getting this done, the dock replacement was completed four months prior to me filing. He says something about there are steps that need to be followed prior to being able to secure this lien against the property prior to starting construction. I can't believe we are going to walk away with a $10,000 free boat dock. I am still pissed the association decided to replace the dock anyhow, I thought it could be repaired. Anyhow he is attempting to claim the $10,000 owed the association is a debt like any other, and it is discharged? I guess if they want to come take my concrete boat dock and restore the old one back they could. Otherwise it is stuck on my shoreline.

[scammer]

Hello? Sinkingfast, thoughts on my above question?

[CRRAVOSA]

What they did is violate your discharge. The creditor could be responsible for your attorney's fee to file a complaint against them as well sanctions. The courts take violations rather seriously, it would probably cost them more than the lien.

[scammer]

scammer wants to talk more about this old thread. He is sounding like a broken record, but he really wants to hear more.


My attorney is working on dismissing a lawsuit over a debt that was created by a Condo association in MO. doing work on a property I own prior to filing. The association filed a lawsuit recently for the price of the dock and the March, April, May, June and July association dues. I stopped paying my monthly association dues recently because the association was applying my payments toward the dock instead of monthly dues. The association made the determination on there own to replace my boat dock four months prior to me filing.

So basically he says that it is a dischargable debt, except for the recent monthly association dues, and included in my bk 7. He says that they can't file a lien after I was discharged, because they didn't object to the discharging of the debt and there is no debt anymore. He also says something about there are steps that need to be followed prior to being able to secure this lien against the property prior to starting construction.

I am still pissed the association decided to replace the dock anyhow, I thought it could be repaired. Anyhow he is attempting to claim the $10,000 owed the association is a debt like any other, and it is dischargable?

Thoughts anyone?