I filed bnkruptcy 3yrs ago.I have since bought a differnt house and was going to refinance but found out that I have alien on my new home from a old bill.The bill was to be included in my bnkruptcy but my lawyer did not list it.He said under old bk law it was a no asset case and they cant do this.Well they have and now in really in a pickle.The company that I owe the money went out of business and I cant find who even holds the judgement.Better yet my bk lawyer wont help me because he has since got his license suspended for 60days.I need this gone!anyone have any anwsers?
2006-09-13 10:03:56 · 5 answers · asked by porkchophaynes0206 3 in Business & Finance ➔ Credit
Check with the Title company that issued your title insurance policy when you purchased your new house. They should be able to help and be able to answer your questions.
2006-09-13 10:06:20 · answer #1 · answered by LasVegasMomma 4 · 0⤊ 0⤋
It depends on how old the judgment/debt is. If it's over 10 years it can be written off by any attorney/title company. If the attorney who is handling your closing can confirm what you are saying is true you can most likely sign a judgment affidavit stating you don't owe the money. Judgment affidavits are used all the time when a lien shows up on title against a person with a similar name and as long as there is no evidence proving it is the mortgagee, it gets overlooked (not erased, just overlooked). In your case, the same would happen, the affidavit would be filed and would remain a permanent record.
2006-09-13 10:20:41 · answer #2 · answered by Anonymous · 0⤊ 0⤋
A lawyer can really help you fix this mess. I understand that you have filed bankruptcy but this old bill should have been included as one of your creditors when you filed. Since it isn't. You need to send a certified document requesting removal of this debt due to your bankruptcy filings. Give them 30 days to review your documents and letters and take it from there. The new bill should not effect you because this old bill affected the old law and not the new one. Notice that when laws establish, it starts effective (DATE). You should be good to go. They are just taking advantage of you. Send this letter out and and see what happens. Have this lien removed or you will file subustial damage against them. Get a new lawyer if this lawyer got this license suspended because I wouldnt recommend him . Hope this helps. No more phone calls and from now on right all communication with this party on paper from time, date, description, and agenda.
Hope this helps
2006-09-13 10:10:11 · answer #3 · answered by Mya123 3 · 0⤊ 0⤋
If the debt wasn't included than you still owe the money. The lien holder can seek repayment on any assest you own, regardless if you owned it prior to the BK. If you want it removed make arrangedments with the deebtee to pay the money owed. The lienholder has to be a matter of public record.
Get a new lawyer and file a judgement against the old one for malpractice.
2006-09-13 10:12:19 · answer #4 · answered by limgrn_maria 4 · 0⤊ 0⤋
It all depends on what state you live in.... what state do you live in and I may be able to help.
2006-09-13 10:12:06 · answer #5 · answered by Anonymous · 0⤊ 0⤋