Judgement lein on property while doing a ride thur

[MakinMeCrazy]

Hello,
Once again I need some HELP please......

My HUSBAND ONLY filed BK 7 a couple years ago I did not. He has been discharged in 2011 we have been doing a "PAY AND STAY" WITH BofA for over 1 year.

I currently got a judgement filed against ME by Cap One for $1060 My husband is not on the judgement because it was MY account only.

Here is my question and I am scared....CAN or WILL BANK OF AMERICA START A FORECLOSURE ON US BECAUSE OF THIS LEIN? We have paid them faithfully NEVER late. I am scared that the JUDGEMENT will push B of A to begin foreclosure.
We have NO equity in the house, infact is is very much underwater.

I plan to file BK 7 in NOV 2012 and have the lein included. Right now if I had the $1060 I would pay it off but I don't have it.

Please any information will be greatly appreciated. We want to stay here for at least 2 more years and I am just so scared Bof A will pursure a foreclosure. PLEASE SOMEONE REPLY........This board has never let me down Thank You in advance

[MakinMeCrazy]

I am so sorry I forgot to mention.MY husband did not reaffrim the mortgage when he filed therefore it is listed as "Incuded in Bankruptcy" on his credit report. And yes it is a lein and it has been placed against our mortgage.

[HHM]

I doubt it. BofA (which I assume is your mortgage holder) could care less about the judgement. The lien goes behind BofA's mortgage interest in your property. So it is a non-issue.

[MakinMeCrazy]

Thank You so very much.......I really appreciate you taking the time to answer my question.....Thank You again

[bcohen]

If you file, then you can have this lien removed, as there is no equity for it to attach to. Of course, if your house is severely "underwater" and you are just paying the mortgage to stay there since it's cheaper than rent in your area, then who cares about this judgment lien? Don't pay it, and when the time comes when you wish to move and surrender the house back to B of A, the lien will be extinguished when B of A forecloses.

Do not worry that B of A will foreclose now. Not only does the judgment lien have zero effect on their security interest in the property, but they would much rather have your monthly payments than go through the hassle and expense of a long, drawn-out foreclosure process and have to write off the loss when the house sells for much less than the mortgage amount.

[Drazil65]

BOA does not move that fast, no worries!

[MakinMeCrazy]

I want to THANK YOU all so very much for putting my mind at ease somewhat......I did get a call from BofA on my phone message asking that I call them.....BUT it was on this SATURDAY and ALL their offices are closed.........so that kind of shook me up a little bit, hopefully they are only calling to inform me of the lein........I hope so Thank you all again

[BKorbust]

I want to THANK YOU all so very much for putting my mind at ease somewhat......I did get a call from BofA on my phone message asking that I call them.....BUT it was on this SATURDAY and ALL their offices are closed.........so that kind of shook me up a little bit, hopefully they are only calling to inform me of the lein........I hope so Thank you all again

I have a couple of judgement liens on my property. Both of my mortgage companies could care less the liens and have never mentioned them to me in the three years I've had them. The only weekend calls I get from the mortgage companies are their collection departments.

[MakinMeCrazy]

Once again .Thank you all After a totally sleepless Sunday and staying up all night to call B of A................it turned out all they wanted was my new email address.............I feel so foolish..I really panicked!!!! Your answers helped so much with me making thru the weekend............I guess its true "Theres no fool like an OLD FOOL" Thank you again all.....so very much