Legal Question in Bankruptcy in California

Re: Lien on house title

You have a couple of ways to go with this.

You can make a demand on the creditor to vacate the lien because it was recorded in violation of the bankruptcy. I certainly think you should tell them they must remove it or risk being in contempt of the bankruptcy court. If they stall, hire a lawyer to make the demand. You may even have a right to sue them in the bankruptcy court if they refuse to rescind the lien.

Also, the title company that your home equity lender works with may be able to disregard the lien. By examining the bankruptcy records, they should be able to determine that the lien is void.

I hope this helps you to get the problem solved right away.

Re: Lean on house title

I agree with attorney Bayer, however, just working with title companies as often as we do, I can tell you that it is very unlikely that they will remove the lien until they have a court order, or the creditor in question provides them with either a satisfaction or withdrawal. Get aggressive with them - what they did is absolutely a violation of the automatic stay, and if they refuse to withdraw it immediately, they are subject to sanctions from the Bankruptcy Court.

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Re: Lien on house title

I'll agree with the previous answers--the creditor should remove it because they were in violation of federal bankruptcy law by filing it. And even if the title company ignores the lien, you'll want it removed anyway so that it's not an issue for you in the future when trying to refinance or sell the property.