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Judgment lien after BK?

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    Judgment lien after BK?

    I recently found out that a CA got a default judgment against me. (I was never served and didn't know about it, so it came as a surprise.)
    They also recorded an Abstract of Judgment and have a real estate lien against me. I don't own any property so it hasn't attached to anything.

    My question is: If I file for BK, can I get the real estate lien thrown out since the underlying debt has been discharged? I don't want the lien to remain after bankruptcy and be able to attach to any future real estate I might want to purchase.

    #2
    If the lien is not secured by anything, then yes; you can get rid of the lien.

    But, you will have to jump through a few hoops.
    1. Get your discharge in BK
    2. File the discharge in the court where the judgment was entered and request the judgment be vacated.
    3. Then take the order vacating the judgment to the county recorders office to remove the lien.

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      #3
      Great, thanks. I've heard both, so I wanted to make sure it wasn't going to come back to haunt me.

      Comment

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