Legal Question in Bankruptcy in South Dakota
bankruptcy
I filed bankruptcy in may of '04--name removed--I was in a car accident that was not my fault & a lot of bills ensued--name removed--I was turned over to a collection agency and they ended up putting a lein on my home & garnishment on my wages--name removed-- I filed bankruptcy and to my knowledge thy removed the lein--name removed--I am closing on my home loan on friday & have found out that their lein still exists on my home..--name removed--What are my rights?
1 Answer from Attorneys
Re: bankruptcy
Check with your bankruptcy counsel. Chances are a judgment lien was filed against you. In bankruptcy you receive a personal discharge. However that doens't clear liens from real property. Assuming the real property was your homestead, a motion to void the judgment lien must be filed after the discharge is entered, to clear the lien from your property. I suspect that was not done. The process takes about 14 days, involving notice to the judgment creditor. At the end of that time, you must obtain a certified copy of the order voiding the judgment lien from the Bankruptcy judge and file it with the county clerk of courts where the judgment is located. Then, it ceases to be a lien on the real property. Meanwhile, 1.the closing will have to be postponed, or 2.the closing agent will have to withhold sale proceeds sufficient to cover the lien, or 3. you have to seek a voluntary satisfaction of judgment from the judgment creditor as against the real property to remove the lien from the real property.
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