Thanks Mark. That's great information. Part of our income stems from
"education" services. I appreciate the input here.
Christine
On Tue, Sep 25, 2012 at 12:12 PM, wrote:
> **
>
>
> **
> The judgment lien is only effective against the property owned by the
> debtor on the petition filing date. If a discharge was issued, the
> judgment lien can never apply to after acquired property. The lien does
> not need to be released, nor is a judgment creditor obligated to release
> it. The Escrow/Title officers are simply ignorant of the impact of a
> bankruptcy discharge as it relates to the lack of impact of a prepetition
> judgment lien on postpetition acquired property. You need to enlighten
> them and if that does not work, encourage them to direct the matter higher
> up the food chain to someone more versed in bankruptcy law.
>
> Mark T. Jessee
> Law Offices of Mark T. Jessee
> "A Debt Relief Agency"
> 50 W. Hillcrest Drive, Suite 200
> Thousand Oaks, CA 91360
> (805) 497-5868 (805) 497-5864 (Facsimile)
>
>
> In a message dated 9/25/2012 11:51:30 A.M. Pacific Daylight Time,
>
sblever@leverlaw.com writes:
>
>
>
> Did PC get a discharge? If she hasnt filed a bankruptcy yet, she needs
> to do bankruptcy first before buying property.****
>
> ****
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Christine Wilton
> *Sent:* Tuesday, September 25, 2012 10:49 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] getting an abstract of judgment released****
>
> ****
>
> ****
>
> Thanks Stella. PC is coming in tomorrow with the recorded lien record
> from county recorder's offic e. It is a judgment lien and at the time it
> was recorded, the PC did not own any real property.
>
>
> Now, she is trying to buy property and it is showing up on title search.
> She is told it must be released or paid so she can close escrow.
>
> Thanks, Christine****
>
> On Tue, Sep 25, 2012 at 10:36 AM, Stella Havkin
> wrote:****
>
> ****
>
> What are you releasing? The abstract did not attach to any real
> property. If they filed a personal judgment lien with the secretary of
> state, then it may have attached to something. You will need to read the
> actual lien. If it attached to a debtors car, then you would have to do a
> motion to avoid the lien against that asset. ****/ p>
>
> ****
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On Behalf
> Of *Christine Wilton
> *Sent:* Tuesday, September 25, 2012 10:19 AM****
>
>
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] getting an abstract of judgment released****
>
> ****
>
> ****
>
> In the event that a 522f motion to avoid is not necessary, it would then
> be telephone calls and letter writing to loca te someone to release the
> judgment lien, yes?****
>
> On Tue, Sep 25, 2012 at 10:13 AM, Stella Havkin
> wrote:****
>
> ****
>
> If the Debtor did not have any real property, the abstract did attach to
> any real property and therefore, no motion to avoid necessary.****
>
> *From:*
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] *On
> Behalf Of *Christine Wilton
> *Sent:* Tuesday, September 25, 2012 10:07 AM
> *To:*
cdcbaa@yahoogroups.com
> *Subject:* Re: [cdcbaa] getting an abstract of judgment released****
>
> ****
>
> ****
>
> Would we still file a 522f motion if the Debtor did not own any real
> property at the time the case was filed?****
>
> On Fri, Aug 24, 2012 at 3:44 PM, Dennis wrote:****
>
> ****
>
> 522f motion
>
> Sent from my iPhone****
>
>
> On Aug 19, 2012, at 3:47 PM, "jkatz4212" wrote:****
>
> ****
> **
>
> Hello all,
>
> We filed on 7/25 thinking it's just another no-asset CH 7 with underwater
> r/e. Later, my client comes in with a copy of an abstract of judgment from
> Midland Bank for $12k. He didn't even know that an action had been filed
> against him, let alone that Midland had won a judgment against him by
> default. Midland recorded the abstract on 7/24, so they beat us by a day
> but it's within the 90-day window.
>
> Besides amending the schedules and SOFA, what's involved in getting that
> abstract of judgment released?
>
> Thanks.
>
> Jeffrey Katz****
>
> ****
>
>
>
> ****
>
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Office:*
> 5150 Candlewood Street, Suite 17F
> Lakewood, CA 90712
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office: 877-631-2220
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email:
attorneychristine@gmail.com
> Web:
www.attorneychristine.com
> Blog:
www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTOR NEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
> ****
>
> ****
>
>
>
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Office:*
> 5150 Candlewood Street, Suite 17F
> Lakewood, CA 90712
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Of fice: 877-631-2220
>
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email:
attorneychristine@gmail.com
> Web:
www.attorneychristine.com
> Blog:
www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIV ILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by return e-mail and destroy all copies of the original message.
>
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
> ****
>
> ****
>
>
>
>
> --
> Christine A. Wilton, Esq.
> Law Office of Christine A. Wilton
>
> *Office:*
> 5150 Candlewood Street, Suite 17F
> Lakewood, CA 90712
>
> *Mailing:*
> 4067 Hardwick Street, Suite 335
> Lakewood, CA 90712
>
> Office:&nbs p; 877-631-2220
>
> Cell: 562-824-7563
> Fax: 1-636-212-7078
> Email:
attorneychristine@gmail.com
> Web:
www.attorneychristine.com
> Blog:
www.losangelesbankruptcylawmonitor.com
> ***************************
> Confidentiality and Privilege. This e-mail message, including attachments,
> is intended solely for review by the intended recipient(s) and may contain
> confidential and privileged information. Any unauthorized review, use,
> disclosure, or distribution is prohibited. Review by anyone other than the
> intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
> PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
> communication. If you are not the intended recipient, please contact the
> sender by retu rn e-mail and destroy all copies of the original message.
>
>
> Tax Advice Disclosure. Any tax information or written tax advice contained
> in this email message, including attachments, is not intended to and cannot
> be used by any taxpayer for the purpose of avoiding tax penalties that may
> be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
> to U.S. Treasury Regulations governing tax practice.)
> ****
>
> ****
>
> ****
> ------------------------------
>
> No virus found in this message.
> Checked by AVG -
www.avg.com
> Version: 2012.0.2221 / Virus Database: 2441/5290 - Release Date: 09/24/12*
> ***
>
>
>
Christine A. Wilton, Esq.
Law Office of Christine A. Wilton
*Office:*
5150 Candlewood Street, Suite 17F
Lakewood, CA 90712
*Mailing:*
4067 Hardwick Street, Suite 335
Lakewood, CA 90712
Office: 877-631-2220
Cell: 562-824-7563
Fax: 1-636-212-7078
Email:
attorneychristine@gmail.com
Web:
www.attorneychristine.com
Blog:
www.losangelesbankruptcylawmonitor.com
***************************
Confidentiality and Privilege. This e-mail message, including attachments,
is intended solely for review by the intended recipient(s) and may contain
confidential and privileged information. Any unauthorized review, use,
disclosure, or distribution is prohibited. Review by anyone other than the
intended recipient(s) shall not constitute a waiver of any ATTORNEY-CLIENT
PRIVILEGE or ATTORNEY WORK PRODUCT PROTECTION that may apply to this
communication. If you are not the intended recipient, please contact the
sender by return e-mail and destroy all copies of the original message.
Tax Advice Disclosure. Any tax information or written tax advice contained
in this email message, including attachments, is not intended to and cannot
be used by any taxpayer for the purpose of avoiding tax penalties that may
be imposed on the taxpayer. (The foregoing legend has been affixed pursuant
to U.S. Treasury Regulations governing tax practice.)
Thanks Mark. That's great information. Part of our income stems from "education" services. I appreciate the input here.ChristineOn Tue, Sep 25, 2012 at 12:12 PM, <
jesseelaw@aol.com> wrote:
The judgment lien is only effective against the property owned by the
debtor on the petition filing date. If a discharge was issued, the
judgment lien can never apply to after acquired property. The lien doesnot need to be released, nor is a judgment creditor obligated to release
it.TheEscrow/Title officers are simply ignorant
oftheimpact of a bankruptcy discharge as it relates tothe lack
of impact of a prepetition judgment lienon postpetition acquired
property. You need toenlighten themand if that does not
work, encourage them todirect the matter higher up the food chainto
someone more versed in bankruptcy law.
Mark T.
JesseeLaw Offices of Mark T. Jessee"A Debt Relief Agency"50 W.
Hillcrest Drive, Suite 200Thousand Oaks, CA 91360(805) 497-5868 (805)
497-5864 (Facsimile)
In a message dated 9/25/2012 11:51:30 A.M. Pacific Daylight Time,
sblever@leverlaw.com writes:
Did PC get a discharge?
If she hasnt filed a bankruptcy yet, she needs to do bankruptcy first before
buying property.
From:
cdcbaa@yahoogroups.com
[mailto:
cdcbaa@yahoogroups.com] On Behalf Of Christine
WiltonSent: Tuesday, September 25, 2012 10:49 AMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa] getting an abstract of
judgment released
Thanks Stella. PC is coming in tomorrow with the recorded lien record
from county recorder's offic e. It is a judgment lien and at the time it
was recorded, the PC did not own any real property.Now, she is trying
to buy property and it is showing up on title search. She is told it
must be released or paid so she can close escrow.Thanks,
Christine
On Tue, Sep 25, 2012 at 10:36 AM, Stella Havkin <
havkinlaw@earthlink.net> wrote:
What are you
releasing? The abstract did not attach to any real property. If
they filed a personal judgment lien with the secretary of state, then it may
have attached to something. You will need to read the actual lien. If it attached to a debtors car, then you would have to do a motion to avoid
the lien against that asset. / p>
From:
cdcbaa@yahoogroups.com
[mailto:
cdcbaa@yahoogroups.com]
On Behalf Of Christine WiltonSent: Tuesday, September 25,
2012 10:19 AM
To:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa]
getting an abstract of judgment released
In the event that a 522f motion to avoid is not necessary, it would then be
telephone calls and letter writing to loca te someone to release the judgment
lien, yes?
On Tue, Sep 25, 2012 at 10:13 AM, Stella Havkin <
havkinlaw@earthlink.net> wrote:
If the Debtor
did not have any real property, the abstract did attach to any real property
and therefore, no motion to avoid necessary.
From:
cdcbaa@yahoogroups.com [mailto:
cdcbaa@yahoogroups.com] On Behalf Of Christine
WiltonSent: Tuesday, September 25, 2012 10:07 AMTo:
cdcbaa@yahoogroups.comSubject: Re: [cdcbaa]
getting an abstract of judgment released
Would we still file a 522f motion if the Debtor did not own any real
property at the time the case was filed?
On Fri, Aug 24, 2012 at 3:44 PM, Dennis <
easky1@yahoo.com> wrote:
522f motionSent from my
iPhone
On Aug 19, 2012, at 3:47 PM, "jkatz4212" <
jkatz4212@aol.com> wrote:
Hello all,We filed on 7/25 thinking it's just another no-asset CH
7 with underwater r/e. Later, my client comes in with a copy of an abstract
of judgment from Midland Bank for $12k. He didn't even know that an action
had been filed against him, let alone that Midland had won a judgment
against him by default. Midland recorded the abstract on 7/24, so they beat
us by a day but it's within the 90-day window. Besides amending the
schedules and SOFA, what's involved in getting that abstract of judgment
released? Thanks.Jeffrey
Katz
-- Christine A. Wilton, Esq.Law Office of
Christine A. WiltonOffice:5150 Candlewood Street, Suite
17FLakewood, CA 90712Mailing:4067 Hardwick Street, Suite 335Lakewood, CA 90712Office: 877-631-2220Cell: 562-824-7563
Fax:
attorneychristine@gmail.com
Web:
www.attorneychristine.comBlog:
www.losangelesbankruptcylawmonitor.com
***************************Confidentiality and Privilege. This e-mail message,
including attachments, is intended solely for review by the intended
recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure, or distribution is prohibited. Review by
anyone other than the intended recipient(s) shall not constitute a waiver of
any ATTORNEY-CLIENT PRIV ILEGE or ATTORNEY WORK PRODUCT PROTECTION that may
apply to this communication. If you are not the intended recipient, please
contact the sender by return e-mail and destroy all copies of the original
message.Tax Advice Disclosure. Any tax information or written tax
advice contained in this email message, including attachments, is not intended
to and cannot be used by any taxpayer for the purpose of avoiding tax
penalties that may be imposed on the taxpayer. (The foregoing legend has been
affixed pursuant to U.S. Treasury Regulations governing tax practice.)
-- Christine A. Wilton,
Esq.Law Office of Christine A. WiltonOffice:5150
Candlewood Street, Suite 17FLakewood, CA
90712Mailing:4067 Hardwick Street, Suite 335Lakewood,
CA 90712Office:&nbs p; 877-631-2220Cell:
562-824-7563Fax: 1-636-212-7078Email:
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