I got lost several posts ago. Do you have TWO judgments filed against you? One of which was from your BK lawyer, and the other relating to a property tax lien? If so,which was refiled, and by whom? If the BK lawyer refiled,then you cannot have that one vacated as it is a legitimate debt,However if the file # stayed the same it should not be on your credit report. If the property tax lien judgment was refiled, I do not see how the underlying debt, (the tax lien) could still have been valid if the property was sold the liens would have had to have been paid.In which case, whatever entity refiled the judgment did it in error. Am I missing something here?
The bk lawyers judgement has never shown up on my credit reports and he has not refiled yet. I would guess that he will whenever the time period for that judgement runs out. I'm not worried about that yet. The property tax judgement turned out to be for supplemental taxes and was an unsecured judgement, according to the tax collector. Therefore, it did not go with the property. According to the assessors office it should have but according to the tax collector it didn't. The question now has become, since it was a unsecured judgement was it discharged in the BK..and was it a violation of the stay that automatically goes into effect when a Chapter 11 debtor files the Petition, since the judgement occured 17 days after the BK Petition was filed. These are but two of the questions that I now dealing with. I hope that catches you up a bit. Everyone on here has been so helpful in advising me and walking me through this revisiting nightmare, I can tell you how much I appreciate all the help I have received.
OK, I think I understand. If the "unsecured" judgment based on "unpaid taxes" was NOT attached to the property, how could the taxing authority file in the first place? Under what "standing"? AND under what authority did they refile?I would check the municipal code of the "taxing" entity,and among your various pleadings file suit against them for abuse of proccess.
The lien was orginally attached to the property It was for 3 months while I went on title with the then owner.. for the purpose of getting a loan, the title was held 50/50 According to the assessor it should have stayed with the property when I took over 100%. Actually had the county had their act together it would have been paid when I took full title. I love the idea of "abuse of process" ...is there really grounds for a suit like that? If there is, I will include that as one of the reason I will give the county attorney when I ask him to vacate the judgement..
