Hello. I have a few questions that I hope you guys can help me with. My husband has recently filed chapter 7 BK. He is not re-affirming our mortgage per our attorneys advice. BUT he has a judgement against him from Capital One in which our attorney says their is a judgement lien against the property. Our attorney wants an additional 350$ on top of the 1100$ we already paid him to remove the lien.
First question- how do I find out if there really is a lien against the property? It is not showing on his credit report and there is no recorded lien at our courthouse.
Second question-We were advised not to re-affirm so if in the future we cant make the house payment we can walk away with no fault. If thats the case why would I pay 350$ to have the lien removed?? We dont plan on selling and if we had to move then we could just walk away.
Third- I have read on several forums that in the event of a BK any liens are removed anyway. Is this true??
I thank you all for any advise or suggestions. I have asked our lawyer these questions but he seems to only be interested in me paying him more money. Oh and we are in Indiana if that makes a difference.
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