[WSBARP] Removing Judgment Lien

Tue Feb 7 09:41:00 PST 2023

I think you end up back in Bankruptcy court either way.  I'm one of those
"title people".  In my experience, a judge will gladly set aside a judgment
that was entered AFTER bankruptcy had been started but, for whatever
reason, it's not uncommon for attorneys not to ask for a judgment lien to
be set aside or stripped from a house.

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: *christopher at lucentlaw.com <christopher at lucentlaw.com>*

Web: www.lucentlaw.com

On Tue, Feb 7, 2023 at 9:37 AM <Jeff at bellanddavispllc.com> wrote:

> 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: jeff at 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 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
>
> [image: Image removed by sender.]
>
> 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: christopher at lucentlaw.com
>
> Web: www.lucentlaw.com
>
>
>
>
>
> On Mon, Feb 6, 2023 at 1:47 PM <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: jeff at 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 info at bellanddavispllc.com  or call
> 360.683.1129.
>
>
>
>
>
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