Mr. & Mrs. Debtor (names confidential) v. Chicago Title Insurance Co.

Dainen N Penta

Case Conclusion Date:March 27, 2008

Practice Area:Bankruptcy / Debt

Outcome:Title company removed judgment lien.

Description:A client I had represented in a Chapter 7 bankruptcy case contacted me to report that she and her husband were refinancing their home and that there was an unrecorded judgment on their title report. The underlying debt was discharged in their bankruptcy case but the title company refused to clear the judgment from the title report. The judgment was entered (but was never recorded) right around the time the bankruptcy case was filed. I convinced Chicago Title to clear the exception from the title report (without having to obtain a satisfaction of judgment from the judgment creditor), arguing that a refusal to clear the judgment was a violation of the discharge injunction. My clients were very appreciative of the outcome.