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Ch. 13 lien avoidance procedure post discharge
Hi Mark:
The forms were more of a comfort order for title companies when giving
insurance on title. However, there are some title companies that accept
just the Lien Strip Order and then the Discharge to be recorded and that is
enough. Based on that, if you record the Judgment from the adversary
proceeding . . . and the Discharge Order . . . You probably have done
enough under normal circumstances to have that lien eliminated.
If you have any questions or should you need any additional assistance, I
am here to help. Have a fantastic day!
R. Grace Rodriguez, Esq.
OFF: (818) 734-7223
CEL: (818) 554-9922
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On Wed, Nov 19, 2014 at 11:15 AM, 'Mark J. Markus' bklawr@yahoo.com
[cdcbaa] wrote:
>
>
> I know in cases where a Motion to Avoid a junior mortgage lien is granted,
> it is necessary at the end of the case to file a Declaration and Order to
> get a recordable Order avoiding the lien, and we have court approved forms
> for that.
>
> What happens when it is done by Complaint and Default Judgment (such as
> with Judge Zurzolo)? I don't see any equivalent post discharge documents,
> and I'm concerned because the Default Judgment does not contain the legal
> description of the property (at least not in the case I'm dealing with).
>
>
>
> *************************
> Mark J. Markus
> Law Office of Mark J. Markus
> *Mailing Address Only:*
> 11684 Ventura Blvd. PMB #403
> Studio City, CA 91604-2652
> (818)509-1173 (818)332-1180 (fax)
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> Certified Bankruptcy Law Specialist--The State Bar of California Board of
> Legal Specialization
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> another party any transaction or matter addressed in this communication.
>
>
>
Hi Mark:
The post was migrated from Yahoo.
It all comes down towhat a title companymay require.
My guess is that you will need to set a hearing to request entry of the judgment when the planpayments are concluded.Peter M. Lively, J.D., M.B.A.
Law Office of Peter M. Lively * Personal Financial Law Center I
11268 Washington Boulevard, Suite 203, Culver City, California 90230-4647
Telephone: (310) 391-2400* Toll Free: (800) 307-3328 * Fax: (310) 391-2462
On Wednesday, November 19, 2014 11:15 AM, "'Mark J. Markus' bklawr@yahoo.com [cdcbaa]" wrote:
I know in cases where a Motion to Avoid a junior mortgage lien is granted, it is necessary at the end of the case to file a Declaration and Order to get a recordable Order avoiding the lien, and we have court approved forms for that.
What happens when it is done by Complaint and Default Judgment (such as with Judge Zurzolo)? I don't see any equivalent post discharge documents, and I'm concerned because the Default Judgment does not contain the legal description of the property (at least not in the case I'm dealing with).
*************************
Mark J. Markus
Law Office of Mark J. Markus
Mailing Address Only:
11684 Ventura Blvd. PMB #403
Studio City, CA 91604-2652
(818)509-1173 (818)332-1180 (fax)
web: http://www.bklaw.com/
Certified Bankruptcy Law Specialist--The State Bar of California Board of Legal Specialization
This Firm is a Qualified Federal Debt Relief Agency
________________________________________________
NOTICE: This Electronic Message contains information from the law office of Mark J. Markus that may be privileged. The information is intended for the use of the addressee only. If you are not the addressee, note that any disclosure, copy, distribution or use of the contents of this message is prohibited.
IRS CIRCULAR 230 NOTICE: To ensure compliance with requirements imposed by the IRS, we inform you that any U.S. tax advice contained in this communication (or in any attachment) is not intended or written to be used, and cannot be used, for the purpose of (i) avoiding penalties under the Internal Revenue Code or (ii) promoting, marketing or recommending to another party any transaction or matter addressed in this communication.
The post was migrated from Yahoo.