Asked in Bankruptcy for Mississippi

Q: WE filed Chapter 7 in 2003 our land has been coded as filed chapter 7 but their people is telling us now our land

was not cleared with our chapter 7 so what do we do its been 17 years and we still haven't gotten our clear dead back to our land.

They say that land & primary home put up as a secure loan can not be discharged by chapter 7.

they are now telling us we need to talk to their Recovery Team. This land and Home was however signed up on a Predatory Lending Law Suit against then Commercial Credit Of Grenada Ms. Now Owned By Citi Finance. Please Help and Let us know what we should do. Me and My wife are Both Disabled and live on a fixed Income.

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1 Lawyer Answer
Robert Gambrell
Robert Gambrell
  • Bankruptcy Lawyer
  • Hernando, MS
  • Licensed in Mississippi

A: A bankruptcy discharge order discharged your obligation to pay certain debts, but it does not discharge a lien, such the lien created by a deed of trust (another name for a mortgage). There are some types of liens on a homestead that can be avoided in a bankruptcy, but those liens are generally judicial liens created by a judgment being enrolled in the county where your property is located.

If the debt was discharged in 2003, the creditor that holds the deed of trust may be barred from foreclosing on the deed of trust because of the statute of limitations. If that is the case, then a complaint for a declaratory judgment can be filed in the Chancery Court for Grenada County, but you and your attorney need to make absolutely sure that the SOL has run.

You should contact an experienced attorney that handles chapter 7 and chapter 13 bankruptcy cases and also handles litigation in bankruptcy cases and debt settlement or debt collection matters. You can search for an attorney using the Justia "Find a Lawyer" link at the top of this page.

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