[WSBARP] Removing Judgment Lien

Tue Feb 7 09:29:55 PST 2023

I found out there had been a bankruptcy; the question is the timing.  That is what we are researching now.  If the judgment was entered before the bk filing, then we move to reopen and do a 522(f) motion.  However, if that is the case, I wonder why the experienced bankruptcy lawyer didn’t do it back then.  Of more concern is if the judgment was entered after the filing.  I know the judgment would be void, however, title companies still want some “comfort” order from the court, and some BK judges are not willing to give such.  If the latter is the case I hope to run into a title person like Mr. Bickel; however, I have had the issue of a pre-filing judgment being attached, by the title company to post bankruptcy purchased piece of real property and the title company kept insisting on having the lien voided.  

Jeff

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Britt, Christopher
Sent: Tuesday, February 7, 2023 8:50 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] Removing Judgment Lien

I'm guessing this is for bankruptcy?  If a bankruptcy was involved, the answer is likely "they don't have to".  You are relieved from the obligation to pay the debt, only.  You will have to go back to bankruptcy court to ask specifically to have the judgment lien released.

Christopher G. Britt, M.A., J.D.

Attorney at Law

1403 S. Grand Blvd., Suite 201-S

Spokane, WA 99203-2278

P: 509.455.3713
D: 509.316.2131
F: +1.509.455.3718 (must dial 1 before area code)

E:  <mailto:christopher at lucentlaw.com> christopher at lucentlaw.com

Web:  <http://www.lucentlaw.com/> www.lucentlaw.com

On Mon, Feb 6, 2023 at 1:47 PM <Jeff at bellanddavispllc.com <mailto:Jeff at bellanddavispllc.com> > wrote:

Listmates:

PC wants to sell his home to an unrelated third party.  The Sales Price – (mortgage balance + homestead) leaves nothing for a recorded judgment.  How does one force the judgment creditor to release their judgment lien?

Jeff Davis

W. Jeff Davis

BELL & DAVIS PLLC

Attorneys at Law
P.O. Box 510

720 E. Washington Street, Suite 105
Sequim WA 98382
Phone: (360) 683.1129 
Fax: (360) 683.1258 
email:  <mailto:jeff at bellanddavispllc.com> jeff at bellanddavispllc.com
 <http://www.bellanddavispllc.com/> www.bellanddavispllc.com

The information contained in this e-mail message may be privileged, confidential, and protected from disclosure. If you are not the intended recipient, any dissemination, distribution, or copying is strictly prohibited. If you think that you have received this e-mail message in error, please e-mail the sender at  <mailto:info at bellanddavispllc.com> info at bellanddavispllc.com  or call 360.683.1129.

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