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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
One debt (discharged), two liens (avoided). Debtor's 506 actions
Law Office of Peter M. Lively * Personal Financial Law Center I
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On Sunday, June 29, 2014 7:45 PM, "Catherine Christiansen christiansenlaw@yahoo.com [cdcbaa]" wrote:
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. This lender is the only lender that filed liens this way, the 1st and 2nd 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.ls 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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