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How do you remove a Lien from the title record in Florida when debt was discharged?

Englewood, FL |

Per a prior question/answer, advice of removing a lien from the title record was suggested since debt obligation was discharged (eliminated) by Chptr 7. How can you do that without paying off the lender? They won't remove the lien just because you request it without getting their money first, will they?

Attorney Answers 3

Posted

If you are talking about "Avoiding the Lien," you wil need to file a motion in your bankruptcy on this topic. If the Bankruptcy case has been closed, you will have to reopen it in order to "Avoid the Lien." Notice & service of this motion is complex, so I would make sure your attorney is familiar with this type of motion. It will be helpful to have a copy of the lien paperwork from the county recorder's office.

You would think that the creditor would be willing to remove their lien voluntarily since the courts almost always grant the request to avoid the lien, but my experience is they never will.

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Posted

If you have a legal dispute with a lien, you can contest or challenge a lien under notice as described in Fla. Stat. 713. They lien holder will have 60 days to respond and/or litigate the issue. Another approach is to bring a slander/quiet title action to prove clear title. There is a chance that the bankruptcy did not discharge the secured creditor in the bankruptcy. That is something that would require some research.

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Posted

Discharge does not remove the lien. You either need to file a Motion to Avoid the Lien (if it was involuntary) OR file an Adversary Proceeding in Chapter 13 to remove a mortgage.

[This communication is intended as general information and not specific legal advice, and this communication does not create an attorney-client relationship.]

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