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lien avoidance?anyone help?

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    lien avoidance?anyone help?

    Hi there.May be my question help someone with a similar story.My case
    -[ Chapter 13 - discharged two years ago]- Have only one secured(judgement by CC recorded 20 days before automatic stay.
    The court changed status to unsecured because I surrender my homestead.(Foreclosure).
    They collected more than supposed. Now the trustee is suing them to collect overpaid funds.
    I bought a home one year after discharge and I want to sell that now but
    [I mean but!] there is a judgement on record. It means I still have to pay for it.The case is still open due to the fight the trustee and CC.
    I need to get a paralegal or someone who knows the procedure to file a motion to avoid judicial lien? Release, vacate, terminate or wherever.
    I did it already but the judge ask me on what property?
    On any property. I respond because is going to be there forever.Is on my name.
    You have to know the procedure he told me.
    So,denied without prejudice.By now.
    The CC got the money.They never complaint about it.But I still have the judgement. I do no not want to record the discharge, which is a solution.
    Somebody help??? ------thanks-------

    #2
    I'm a little confused-and the judge may have been also-are you saying they have a lien on the home you bought AFTER discharge, the one you are now trying to sell?

    This is beyond me. Seeking legal advice is going to be the best thing for you, though if you go to creditboards.com/forums and ask in the credit forum there may be some people there who can give you tips.
    Most of my information is from personal experience or HOURS and HOURS of online research. When you're searching online, keep in mind there is no guarantee that the info is completely up to date, and your situation is unique from anyone else's. Do your homework, and consult with an attorney so you can make an informed decision.

    Comment


      #3
      Get a lawyer who speaks your language as well as English.

      Comment


        #4
        LIGHTENING IS IN RARE FORM

        But, I too, am confused as to 1. the exact situation 2. What the judge did 3. What are you asking?
        I'll be watching, you may never know when or how, but I'll be there. I am there now....

        Comment


          #5
          You're confused because the person cannot write English. That's why the person needs a lawyer who speaks the native tongue.

          Comment


            #6
            How do you know they don't speak English?

            Originally posted by Lightning
            You're confused because the person cannot write English. That's why the person needs a lawyer who speaks the native tongue.
            It sounds to me more as though they don't understand the legalese they are being subjected to.
            Really, you need to retain an attorney to find out what you need to do here; you also might be able to go to legal aid or a legal clinic.
            And Lightning, be nice.
            Filed Chapter 7, 8/16/05, 341 10/12/05
            Discharged 2/16/06, Case Closed 3/8/06
            FICA Score (Equifax) as of 10/13/06 - 645
            (It was 506 on 10/12/05)

            Comment


              #7
              Pink Tiger, I am not being critical of you but Lightening doesn't know the meaning of nice, therefore he can't be nice.
              I'll be watching, you may never know when or how, but I'll be there. I am there now....

              Comment


                #8
                Originally posted by lesparr
                I bought a home one year after discharge and I want to sell that now but
                [I mean but!] there is a judgement on record. It means I still have to pay for it.The case is still open due to the fight the trustee and CC.
                I need to get a paralegal or someone who knows the procedure to file a motion to avoid judicial lien? Release, vacate, terminate or wherever.
                I did it already but the judge ask me on what property?
                On any property. I respond because is going to be there forever.Is on my name.
                You have to know the procedure he told me.
                So,denied without prejudice.By now.
                --
                Would it be on the home you bought? This is exactly what I don't understand as well. How do you avoid a lien, when all the forms for that ask you about property? What if its not a lien on property yet??

                Comment

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