Legal Question in Bankruptcy in California

Judgment Lien on Property / Sacramento Attorney has solution

Hello. I am Gary Fraley. I am the founder and owner of Fraley & Fraley, California Bankruptcy Attorneys. My law office is here in Sacramento.

Your situation is not unusual though it was avoidable. If there was a judgment lien recorded, the bankruptcy discharges the debt but does not remove the lien.

The good news is that you can reopen the case to have a lien avoidance motion heard. It is that motion that can get you an order that will be recordable telling the world that the lien is void and unenforceable. That of course presupposes that you had less than $125,000 equity in the home when you filed.

Usually people who use paralegals have these types of problems. If you had an attorney and did not know about the lien or did not tell the attorney, the attorney would not know you needed the motion done. Normally this type of motion is charged extra for by an attorney if it is needed.

Please check my firm out on our web site at ca-bankruptcy-attorneys.com to learn more about us.

Call my office at 485-5444 and my staff can set you an appointment to see what can be done to remove this lien for you. I look forward to hhelping you solve this problem.

Re: Judgment Lien on Real Property

Recording a homestead declaration does not invalidate a lien. All it does is enable you to be paid your homestead exemption ahead of any after-acquired judgment liens. The bankruptcy does not affect the lien. You may be able to remove the lien in your bankruptcy case depending on the relevant values of the property and liens against the property. You should check with your attorney on this.