Hello. Well I am in the process of selling my home and moving. On the pre-approval process for my new home's loan an old judgement popped up that was included in a Ch 13 in Oct 2000 and discharged in Oct 2004. Well, I find out that the creditor, a vengeful old employer of my husband, got a lien one month after we filed bankruptcy. He knew about the bankruptcy too! There has been a lien against our house for 5 years and we were unaware. Now here we are ready to sell and must have this taken care of ASAP. We have been told by the courthouse that it stays unless paid. How can this be right when it was filed in violation of federal bankruptcy code law. This creditor did not receive any $$ thru the plan because he didn't file a proof of claim to get paid in the plan. We have been told that we should sue, but time is not on our side. Should we just pay it so the title is clear. This is not fair! Why aren't people notified of a lien against their house. What should I do? The cost to litigate could be more than the lien itself. But then there's the principal... it was illegal! Please advise. Thanks!
First of all, you should repost this in the credit forum. It will get more attention there. This is just a general hang-out. I think you should contact your bankruptcy attorney and probably the trustee. The person or organization who filed the lien after it had been discharged is in contempt of court.
