[WSBARP] judgement discharged in banko

Wed Jan 7 14:38:20 PST 2026

Agree. I saw plenty of folks file BK during the market crash of 2008-2012 which removed their liability for the debt (ie second mortgages). But LOTS of second mortgage lienholders demanded a “lien release fee” when we negotiated short sales. If the lien was not avoided in the BK proceeding by the debtor, the lien remains and the debtor can and will charge a fee (I saw 1% of the debt used as a common amount).

Teena Williams
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Mark McClure
Sent: Wednesday, January 7, 2026 2:23 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] judgement discharged in banko

I would modify that last part to say that if the judgment was recorded as a judgment lien, and there was real property at the time of the filing of the bankruptcy, it really is on the debtor to avoid that judgment lien and filed the order avoiding the same – not the creditor.

Mark C. McClure | Managing Attorney
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From: Mark McClure <mark at mcclurelawgroup.com<mailto:mark at mcclurelawgroup.com>>
Sent: Wednesday, January 7, 2026 2:21 PM
To: 'WSBA Real Property Listserv' <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: RE: [WSBARP] judgement discharged in banko

The only thing I would be concerned about if approached by counsel for the debtor is that the debtor’s attorney may end up filing an action in the Bankruptcy Court asserting that by leaving the judgment open and published as an amount owing that it is an effort to collect on the debt – especially if it interferes with debtor’s ability to secure financing to purchase a home.

Win or lose – it is expensive and filing a satisfaction of judgment indicating that the debt was discharged in a bankruptcy is cheap.

Mark C. McClure | Managing Attorney
Law Office of Mark McClure, PS
"Why Retire With Debt?"
1103 West Meeker Street, #101
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Office:  253.631.6484 (Leave Msg - Will be returned within 24 hours)
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From: wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com> <wsbarp-bounces at lists.wsbarppt.com<mailto:wsbarp-bounces at lists.wsbarppt.com>> On Behalf Of Craig Gourley
Sent: Wednesday, January 7, 2026 2:15 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com<mailto:wsbarp at lists.wsbarppt.com>>
Subject: [WSBARP] judgement discharged in banko

Listmates,  If a creditor has a judgment discharged in bankruptcy, is there any affirmative obligation on the creditor to file anything with the court showing discharge or if the judgment is recorded is there a requirement that the creditor pay to have some sort of instrument recorded to show the discharge?

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