QUESTION
How can I get the bank to remove a lien after a chapter 13 discharge?
Asked on Aug 21st, 2015 on Bankruptcy - Michigan
More details to this question:
My second mortgage was stripped during a chapter 13. I successfully completed all my payments, received the all discharge notice from the court and several months have gone by. But my second mortgage is still registered to my house with the county clerk.
5 ANSWERS
Commercial & Bankruptcy Law Attorney serving Powell, OH
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Ronald K. Nims
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You need to get an order from the bankruptcy court stating the lien is released. ?Since your case is closed, it will cost you $260 to reopen it.
Answered on Aug 25th, 2015 at 7:00 PM
Did you get a lienstripping order? If not, then your lien was not removed by your bankruptcy? If you do have a lienstripping order, get a copy of this order certified by the bankruptcy court clerk, and also get a certified copy of your discharge order. Record both of these documents with the real estate recorders office in the county where the property is located.
Answered on Aug 25th, 2015 at 6:18 PM
Bankruptcy Attorney serving Madison, WI
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Richard B. Jacobson & Associates, LLC
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If your lawyer did the motion and order right, then all s/he needs to do is file a certified copy of the Order stripping the lien with the Register of Deeds for your County. Check with the lawyer about the proper form and what words must appear in a document filed with the Register of Deeds.
Answered on Aug 25th, 2015 at 3:14 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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See a bankruptcy lawyer, if the second was indeed stripped what your seek should be possible, but the devil is always in the details which must be reviewed to form a reasoned and valid advise.
Answered on Aug 25th, 2015 at 9:51 AM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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The method should have been in the orders entered by the court. Contact your attorney.
Answered on Aug 25th, 2015 at 9:51 AM