No, in fact your bankruptcy attorney was not even responsible for helping you with this when he did file for years ago, under your retainer agreement. Removing liens requires the filing of a 522(f)(2) Motion to Avoid Liens. When you receive a discharge in chapter 7 bankruptcy, you no longer have the financial obligation to pay the debt, but bankruptcy does not automatically remove the security interest such as mortgages or liens on a property. You may never remove a forest mortgage from a property, but with a motion such as the one mentioned above you possibly can remove a second mortgage or liens on your property. What you should do is go back to the same attorney, give him whatever his hourly fee will be to do this, this is not something that will be a flat fee such as your bankruptcy filing this is an hourly fee type of situation and have him reopen the case, filed a motion and once the motions granted have the case closed again. You will receive documents that state that the motion is granted take these to your recording office and have them recorded, these will have the effect of removing the liens once they are recorded.
I have responded to your inquiry according to the laws of Massachusetts, where my firm is located. Laws can vary significantly from state to state and cases tend to be rather fact-specific, so you are best served by consulting with a knowledgeable attorney in weighing your options.
Email messages/Online Correspondence are akin to conversations and do not reflect the level of analysis applied to formal legal opinions. Email/Online responses do not form an attorney-client relationship.
Joseph F. Botelho, Esq. BOTELHO LAW GROUP Attorneys At Law http://fallriverbankruptcyattorney.com/ 901 Eastern Ave. Unit 2 Fall River, MA 02723 Office: 888-269-0688 FAX: 877-475-8147
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Answered on May 15th, 2014 at 12:13 PM