Superior court of CA, County of Orange. North Justice Center, Fullerton.
Citibank filed a lawsuit and won a judgment prior to my BK filing. Shortly after I filed, their lawyers recorded a lien (through ocrecorder.com), which violated my stay. I contacted them about removing the lien and they said they were going to send a request to the courts for a release to remove the lien.
How do I check if the lien has been removed? Would I receive a notice in the mail? How long does it usually take for it to be removed?
Is there anything else I should be doing right now?
Thanks in advance
County recorders office will have a record if the creditor removed the lien. Most creditors do not mail you notice of anything pertaining to liens, and typically recorders take a long long time to return documents that have been recorded.
Hope this perspective helps!
You should call or visit the county recorder and ask if the lien had been removed. While it takes time to process the paper, the computer should show the transaction within a day or two.
Check the Orange County Superior Court website, The minutes should be posted. If not, call or go to the court to request a copy.
The lawyers violated the automatic stay in your bankruptcy when they recorded the abstract of judgment that created the judicial lien after your case had been filed. Although they may have been unaware of the pending bankruptcy case when they recorded the abstract, that does not relieve them of the burden of correcting the matter. It might offer the attorneys a defense if you were to pursue contempt proceedings, as a "knowing violation" of the automatic stay must be shown to recovery punitive damages. Nevertheless, you should follow-up with your demand that the lawyers not only issue a release of judgment lien, but that they record it in the Recorder’s Office to clear the record. You can easily check if they have done so by visiting the website of the Orange County Recorder at https://cr.ocgov.com/recorderworks. The site is easy to use and interactive. If the lawyers refuse to remedy their violation of the automatic stay when the recorded the abstract of judgment post-petition, then in addition to the judicial remedies available through the Bankruptcy Court, the State Bar can assist you if an attorney has taken actions in violation of law that caused injury to the rights of an individual. To report attorney misconduct, visit the State Bar's website at http://www.calbar.ca.gov/Attorneys/LawyerRegulation/FilingaComplaint.aspx.
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