QUESTION

How can I get a lien removed from my home title?

Asked on Nov 26th, 2014 on Bankruptcy - Georgia
More details to this question:
I filed chapter 7 bankruptcy in 2010 and did not include my mortgage in the bankruptcy. There was a judgement against me from a creditor and a lien was place on the title to my home, which I was unaware of until recently. I tried to reach out to the attorney that represented me, but I have been unsuccessful in getting in contact with her. I am trying to refinance my home and the lien is the only thing preventing me from doing so. Can it be removed??
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1 ANSWER

Bankruptcy Chapter 13 Attorney serving Athens, GA
2 Awards
The bankruptcy code allows a debtor to "avoid" a judgment lien to the extent that the judgment impairs an exemption allowed by state or federal law.  For example, assume your home is worth $100,000 and the mortgage debt is $90,000.  Under Georgia law, you could claim the remaining $10,000 (the equity) in your home as exempt.  If the judgment lien impairs that exemption, the bankruptcy court can issue an order avoiding the lien. If your attorney did not file a motion to avoid the judgment lien while your case was open, you may be able to reopen your case in order to file the necessary motion.  Consult with a reputable bankruptcy attorney in your area.  The attorney can review what was done and advise you whether reopening is possible.  Of course, there would be court costs and attorney fees to pay, and it's possible that the Court would decline to reopen the case.  Discuss all of this with your attorney before proceeding.  MORGAN & MORGAN ATTORNEYS AT LAW, P.C. IS LOCATED IN ATHENS, GEORGIA.  WE HAVE MORE THAN 30 YEARS EXPERIENCE HELPING PEOPLE WITH BANKRUPTCY AND DEBT RELIEF, SOCIAL SECURITY DISABILITY, WORK-RELATED INJURIES, AND OTHER LEGAL PROBLEMS.  VISIT OUR WEBSITE AT WWW.MORGANLAWYERS.COM OR CALL (706)548-7070.
Answered on Dec 01st, 2014 at 8:08 AM

Our response is for general information only. No attorney client relationship is created. Always consult with a qualified attorney directly.

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