Legal Question in Bankruptcy in Florida

Avoidance of lien

I have a bankruptcy filed in 2001, discharged in 2005. I am trying to refinance, and I find a lien against my property. The title company says they need a simple form faxed to them- an ''avoidance of lien'' filing and all will be well. The bankruptcy lawyer says he will have to file to ''reopen'' my bankruptcy before he can do that-all for about $1200.00. The title company says its a form that takes about 2 minutes to fill out. His receptionist (who made the appointment) also said that it takes only a few moments to fill out the form, they do it all the time. Who is right, the attorney or the title company?


Asked on 8/30/07, 11:20 am

1 Answer from Attorneys
RP Hartley Hartley Law Firm, PLC

Re: Avoidance of lien

The form cannot be "filled out", it requires an order signed by the bankruptcy judge, and if it was not done in the original bankruptcy (Motion to Avoid Lien), then the bankruptcy must be reopened.

There also may be a way to accomplish a similar results under Florida statutes, (perhaps at less expense) without reopening your bankruptcy. These procedures take time, how soon does your title agent need this finished to complete your refinance?

You may schedule a free appointment to discuss this at our office if you like.

R. Hartley, Esq.

Hartley Law Firm, PLC

1430 Court St

Clearwater, Florida

Bankruptcy practice since 1985

www.HelpHomeDebt.com

Read more
Answered on 8/30/07, 1:15 pm


Related Questions & Answers

More Bankruptcy Law questions and answers in Florida