Need info on lien

[despritfreya]

JB's comment is where I was leading but the dollars you mention appear to be too high to represent post petition failure to pay the HOA. Please keep us informed.

Des.

[Lar1267]

Well, it has been a roller coaster of a day emotionally, and I'm still not any better than I was yesterday. I did reach my bk attorney assistant. She was very confused until I explained that it wasn't my home that was foreclosed on but the 2 condos. She sent me paperwork that showed zero balances on two judgements. Then when I told her the amounts she said she needed to call the clerk of courts and have them removed since they were no longer valid....YAY. Then title company says that's not enough and they need an official release of lien.What we sent wasn't enough. So it's after 5 and I'm in the same boat I was in yesterday. I'm contemplating worst case scenario. We are living in the condo, the house has been empty for a couple of weeks. I do not have the money to pay liens, so if that means I can't sell the house, do I have to move back in to maintain homestead exemption? Can I let a family member live there? We bought the condo to be a few doors away from my aging parents and don't really want to go back. Any ideas?

[justbroke]

Your attorney, not his assistant, will need to determine whether you can record the order discharging the debt. Or, your attorney may need to re-open the case in order to obtain a recordable order.

You no longer own the condo if it was foreclosed upon. You can easily check this be looking up the property record with your County/City/Town Recorder of Deeds (or Official Public Records).

I think this is likely to take more than a couple of days unless you can find the original lienholder and have them record a Satisfaction of Mortgage and/or Release of Lien. The paperwork matters if the title company is trying to show clean title and that you are no longer legally responsible based on the public record.

[Lar1267]

I'm pretty sure the original lien holder is the same as I had both condo mortgages and my home mortgage with the same bank. I hope to hear more tomorrow. Sounds like there may still be hope that I can sell the house eventually.

[Lar1267]

Yesterday was crazy. Attorneys office forwarded all the documents to the title company and they said they were not sufficient. This particular company is a difficult one to work with. Long story short, they were in touch with the Clerk of courts and the judge said he will sign the waiver without reopening my bk case because the liens should not have been put on in the first place! So hopefully I will be on my way to the closing table any day now! Thank you all for the advice and providing me with a place to vent my frustrations!