Legal Question in Bankruptcy in Connecticut

Lien Removal

If i had an attachment against my home that turned to a judgment lien. But the attachment was still listed on the land records , and i got the judgment lien ordered for removal does that include the attachment being removed too. What i mean is if an attachment becomes a lien, the attachment is basically just a pre-judgment remedy to ensure the plantiffs during the lawsuit. But when the suit is over, it either becomes a lien or being settled that attachment is null and void , correct?

thanks


Asked on 7/20/07, 1:34 pm

1 Answer from Attorneys
Joel M. Grafstein Grafstein & Arcaro, LLC

Re: Lien Removal

You are correct the attachment merges into the judgment lien, however, you will note that in the judgment lien there is usually a reference to the filing of the attachment. This is done to preserve the earlier date for priority basis. What you (or your attorney) should do is contact the attorney for the judgment lienor and advise that the Court avoided the judgment lien and request that they provide an attachment. Legally the attachment will have any standing by itself except that it is a cloud on your title and should be removed. If they refuse to provide a release, then an amended Motion to Avoid will have to be filed, unless the cloud on the title is waived by a title company in the event that there is a sale of the property or refinance.

Good luck in solving this problem.

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Answered on 7/20/07, 1:42 pm


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