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Patti Scrips, Real Estate Pro in Indiana, PA

Does a mortgage become null and void after so many years?

Asked by Patti Scrips, Indiana, PA Tue Oct 11, 2011

I filed bankruptcy in 2004 and was told that a mortgage I had for 16,000 was included. I was able to get a new mortgage in 2007 with no problem. I now sold my property and it was sols with a free clear title 6 weeks ago. They had contacted me 4 days before closing to say that a lein for the old mortgage was showing up at the courthouse. I sent them all my bankruptcy papers and they said everything was fine and gave a clear title. I now got a call from the settlement company saying that this lein was still active and want me to pay this amount. I feel that they made a huge mistake giving a clear title without verifying. What are my rights?

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I will be the 4th person to say you speak with your bankruptcy attorney to find out if this lien is even valid - if it was included in BK and it was discharged then I am not sure how a lien would have been filed, and even if it was, I think the BK would have wiped it out. If it was me I would really explore that avenue first before messing with the title company any further at this point.
0 votes Thank Flag Link Tue Oct 11, 2011
Do you have an attorney? You should call him or her right away.
0 votes Thank Flag Link Tue Oct 11, 2011
You really should discuss such an issue with your attorney, he/she can better advise as to any rights....
0 votes Thank Flag Link Tue Oct 11, 2011
I think you should contact your bankruptcy attorney and ask them. There are a lot of variables and only an attorney will be able to answer the question.
0 votes Thank Flag Link Tue Oct 11, 2011
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