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IndianaGirl

Title Search and Lien

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I filed Chapter 7 Bankruptcy in 2015 at which time my attorney filed a motion to avoid liens which was granted. I am attempting to refinance my mortgage, received the clear to close, and initial closing disclosure. I noticed something questionable on the closing disclosure and it was listed as a “judgement” with a dollar figure attached to it. I contacted the lender and they indicated that it was in fact a lien on the property from 2013. Obviously, I would like to avoid paying this and do not believe that I should have to. I forwarded a copy of the motion to avoid liens (which clearly references the lien holder’s company) and the order granting the motion to my lender and title company. When I spoke to the processor at the title company he didn’t give me the vibe that this documentation would be sufficient. What else can I do? 

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 The chapter 7 cleared the underlying debt,  a successful motion to avoid should have cleared the lien.   You may need to get your BK atty (or a competent substitute) involved  to get this cleared from whatever source is still reporting it as valid.   The title company won't take your word or your documents for it as I understand it.  It will have to be cleared at the source. 

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