Legal Question in Real Estate Law in Missouri
Hello, and let me apologize for the lengthy post.
My situation is this:
I currently own a home that I purchased in 2007. I am in the process of attempting to refinance. During the title search process an old judgment has come up which was issued in 1994, however there is no lien against my home, as per my county Circuit Clerk's office.
This judgment was a personal judgment from an individual, not a credit card company etc., which has made no effort to collect nor renew the judgment. I believe the statute of limitations has expired if I'm not mistaken. (10 years?)
Add to this, I had a no asset Chapter 7 bankruptcy which was discharged in 2005. Unfortunately, I did not list this judgment in the docs as I had long since forgotten about it.
Contacting my original bankruptcy attorney is not an option.
My dilemma... the title company says they need a "voidance of lien"? Some sort of proof that this judgment is no longer valid, otherwise they believe they will have to satisfy the judgment at closing, which will likely make my refinance impossible.
How do I go about proving that this judgment is no longer valid?
Re-opening my bankruptcy case would be quite expensive and not financially feasible for me at this time, and I feel the SOL should be sufficient.
I would greatly appreciate any assistance you can offer. Time is running out for me.
2 Answers from Attorneys
If you take your bankruptcy Discharge Order to the title company that should resolve the issue.
Good luck
As you did not list this debt in your bankruptcy, taking the discharge order to the title company will accomplish nothing. I would file a petition for declaratory judgment in the court where the original judgment was issued, requesting the court to declare the original judgment extinguished for failure to prosecute.
Feel free to email me if you want to pursue this.
Sean Santoro/Licensed in KS and MO/ [email protected]
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