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Chapter 7 bankruptcy. I obtained an order to Avoid a Judgment Lien which was recorded against my home. What do I do with it now

Riverside, CA |

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

Attorney Answers 6

Posted

Record it at the Office of the County Recorder.

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Posted

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!

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Posted

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.

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Posted

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.

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Posted

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.

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Posted

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.

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