Q: Can a credit card company listed on my Chapter 7 file a lien on my property
After filing paperwork for the sale of my primary residence, Midland, TX 79701, a Texas Abstract and Title company informed me there was a lien on my home in the amount of $8,806.52 by Attorney Mr. Moss representing Capital One Credit Card company, and this amount will be withheld from my proceeds. I told them Capital One and Mr. Moss were both listed on my Chapter 7 which has been discharged. It's my understanding that it's illegal for a credit card company to place a lien on someone's residence because this isn't a mechanics lien or money owed for a mortgage. I refuse to pay Mr. Moss and in a quandary what to do next. I'm asking for help and starting with you.
Thank you,
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A:
Just because you discharged the debt does not mean the lien against your property was removed. Contact your BR attorney. You may have removed it, or failed to. You should have known this prior to
your discharge, and trying to sell your land.
Timothy Denison agrees with this answer
A: If you have declared that your primary residence is also your homestead, any judgment lien does not attach to it. Your title company should be aware that a judgment lien does not attach to a homestead. Moreover, if your Chapter 7 bankruptcy discharged the judgment in favor of Capital One, you can provide a copy of your Discharge, Petition, and Schedule listing the Capital One judgment to your title company.
Timothy Denison agrees with this answer
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