How to strip a lien after bankruptcy

Asked over 1 year ago - Briarcliff Manor, NY

I did a chapter 7 bankruptcy a while ago and I had a lawsuit judgment that was on my house. The lawyer says that with the bankruptcy, the judgment is not against me anymore, but there is still a lien on the house. He says he wants more money to get rid of the lien but I paid him already!!!!! How do I get rid of this lien? I am concerned that I am not protected on this. What court do I go to????? HELP!!!!!!

Attorney answers (4)

  1. Theodore Lyons Araujo

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . We also charge to bring the 522f motion that vacates and strips the lien. The creditor has to be served with the motion. It is a rather technical motion because you have to accurately report the judgment and the place it is filed in the county.

    If the motion is not brought the judgment will remain a lien on your property in NY for ten years after the judgment was filed.

    Disclaimer: This answer does not constitute legal advice. I am admitted in the States of New York, New Jersey and... more
  2. Scott Benjamin Riddle

    Pro

    Contributor Level 20

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    Lawyers agree

    Answered . Depending on the fee agreement, you are asking your lawyer to do additional work for you. Hire the same lawyer or another one to do the work. That is the obvious answer.

  3. Victor Emanuel Romao Palmeiro

    Contributor Level 4

    2

    Lawyers agree

    Answered . If your bankruptcy attorney is a good attorney, and you are comfortable with him, I would say stick to him. This way if the process is not done correctly you may be protected by his insurance. Ask him if he has done this before and if he can refer you to a case where he did this and provide you the docket report. This will show if he knows what he is talking about or not.

  4. Diane L Gruber

    Pro

    Contributor Level 18

    Answered . If you told your attorney that you have a judgment lien on your house, he/she would have told you that extra work was needed to remove it AND he/she would have charged a higher fee. If you did not tell him, he had no way of knowing about the lien. NOW, what you need to do is re-open the BK (court fee $260) and have an attorney prepare and file THREE documents. Depending upon the judge, sometimes this is not easy. For example, for a relatively simple Ch.7 bankruptcy I charge about $1100, BUT if there is ONE lien on the house, I add $500 to that fee. If there is more than one lien I will charge up to $2500. A lot of extra work besides just drafting the BK petition, and attending the hearing and dealing with various paperwork.

    Be sure to designate "best answer." If you live in Oregon, you may call me for more detailed advice, 503-650-9662.... more

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