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Talk to you soon!
Hello:
I have a HELOC on title, included in Chp. 7 BK that was discharged 6/2011…account was never surrendered or reaffirmed after discharge. I am trying to remove the lien, without having to settle if possible, as I was provided documentation stating from the current lender,LoanCare, acknowledging the account being included in the BK and that NO future collections attempts will be made to collect the outstanding balance…but they wont release the lien as well. I was under the impression that the statue of limitation to collect on a signed contract, including mortgages, in the state of CA is 4 years and if that is the case, what legal options do I have, OTHER THAN…settling..?
Shawn,
I’m not in CA so I can’t tell you the laws there.
In general, discharged debt means you do NOT owe the debt.
BUT if the debt is attached to property (car, house, condo, etc) then the lien is still valid. (Sometimes your bankruptcy lawyer can “strip” the lien but you would know if that was done).
So while the company can’t collect against you, they can either leave the lien or foreclose if it is not being paid.
Definitely talk to a lawyer in CA about this but we often see folks who assume discharged debt means the lien goes away. It gets confusing but try to keep those concepts separate in your mind. It does make my head hurt sometimes — a debt is not owed but if you don’t pay what is not owed they can take your house. Weird, huh?
Now on the statute of limitations — that doesn’t really help us in AL for quite a while but again CA could be completely different.
I wish you the best!
John Watts