Bankruptcy, judgements and release

[g1230]

What is the name of your state? VIRGINIA


I am not sure if this question belongs in this catagory or the real estate catagory....anyway

A discharged chapter 7 a few years ago, in the 7, was included 3 creditor judgements, no liens, just judgements. So it seems that these judgements are still on the books down at the county offices as live judgements, but not "collectable". Everytime I refinance my house these judgements pop up and I have to prove to the title company that they were discharged and not attached to the property....

Now my question, am I able to get these judgements actually "released" through the bankruptcy court, thus allowing me to get a judgement release from the lower court county records?

Any thoughts from the forum?

Thanks

 

[seniorjudge]

I don't know anything about Viriginia law, but in my jurisdiction, a discharge in bankruptcy does not release the lien on the real estate. The only way to get that done is to get a release signed by the creditor and record it in the land deed records.

 

[g1230]

Thanks for the response Mr. Judge....the only confusing part of this is that there is no lien on any property (clear title), the judgement seems to be in my name only, and not transferred or transferable to any real property, kind of like it is blocked by the bankruptcy.....does that make any sense? Thanks again!

 

[seniorjudge]

I don't know anything about Virginia law, but in my jurisdiction, judgments are liens. If you have a judgment against you, it may possibly be a lien against your real estate.

 

[g1230]

thanks again.