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Charles William Daff

Charles Daff’s Answers

1 total

  • I want to do a motion to avoid lien in bankruptcy because it impairs my homestead exemption.

    I am not sure if I should avoid the lien that is recorded at the county or the lien that they allegedly transferred it to that is not recorded. If I avoid the lien that is recorded would it be inclusive of any transferees or assignees of the lien ...

    Charles’s Answer

    Avoid the lien of record at the county recorder's office. This will state the case name, case number, instrument number for the bankruptcy court order. Give notice of the motion to avoid the lien to all parties including assignees. The court order will avoid the lien in its entirety provided no equity exists above the homestead amount

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