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A secured loan is filed against more than one of debtors properties - What type of motion to make sure both liens are tr
Lender and Debtor enter secured loan (3rd). Lender filed two liens because technically debtors residence is 2 lots they border each other and Debtor uses Lot 2 for therapy swimming pool for specially challenged daughters.nd don't show up on the lot #2 title. Debtor stripped the unsecured 2nd and 3rd from residence. Lender failed to file a claim in the case but objected to and then withdrew an objection to the MTV the 2nd Lot, filed only because the Lender was arguing the value of the property (should establish jdx)
At the conclusion of Debtors plan the 2nd and 3rd liens will be removed. Since the 3rd lien is the same debt on lot both lots, if the lender fails to release the lien on lot #2 or attempts collection - is that a violation of the discharge?
The case is open so is it best to ask the court to Declare upon successful completion of the plan, the lien on lot #2 is also released and the unsecured debt discharged based on the fact that it is the same loan?
Thanks for your thoughts in advance.
Catherine Christiansen
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