I am in a chapter. filed a motion to avoid the lien placed on my house by a credit card company. I now have the order from the court, but am unsure what to do with it
Record it at the Office of the County Recorder.
I hope the Order contains the legal description of your property, because in most states, you need that information in order to be able to record the court's order. Hope this perspective helps!
I agree with attorney's Bunce and Whitaker, but would just add that you should also send a copy of the order to the credit card company and request that, in light of the order, they remove their lien. That will help avoid any confusion later on as to whether there is still a cloud on your title or not.
I would also suggest that you obtain a certified copy of the order from the bankruptcy court. The county recorder will usually not record the order unless you have a certified copy of the order.
Chapter 13 Bankruptcy Attorney
Make sure you file a certified copy of the order with the county registars office in the county you had the property attached. Talk to the cleark of the court to find out what a certified copy is. You may have to pay extra for it.
All of the responses are good. Assuming you have the legal description of your residence in the order, go back to bankruptcy court and get a certified copy of the order. That costs about $15.00. After that immediately go to the county recorder's office and record a certified copy of the order with them. Remember the title page to it. That's about $40.00 on average. Make sure to take a non-certifed copy of the order (do not pull part your certified copy-just buy a non-certified copy at the bankruptcy court), and they will put the recorder's document number on it. The order is now part of the title to the house, so that when you sell or refinance, it is clear the abstract has been removed and need not be paid. Remember, you must record a certified copy of the lien avoidance order to get rid of the abstract.
The firm makes this information available for informational purposes only. Any information contained in any response is not intended to be and does not constitute legal advice. The information provided may not apply to your particular facts or circumstances; therefore, you should seek legal counsel prior to relying on any information provided in any response. Furthermore, information contained in any response may not reflect the most recent developments in the law and may not be applicable in your particular jurisdiction. Therefore, you should not act on any of the information provided until you obtain legal counsel from a qualified individual in your jurisdiction. Furthermore, my firm has established procedures in place of accepting representation of a new client establishing an attorney-client relationship, which include obtaining a signed copy of an engagement letter and clearing conflicts in accordance with the rules of professional ethics in each jurisdiction it operates. Therefore, with the information provided herein understand that no attorney-client relationship is created by a response. Because no attorney-client relationship is created in these instances, any such communications are not considered confidential and may be disclosed to third parties. Lastly, the information provided is not intended to be an advertisement or solicitation of business, but may be considered an advertisement in some jurisdictions.