How can I get liens released without having to pay them back? 8 Answers as of July 31, 2017

I recently tried to refinance my house and found that there are two liens on it from American Express filed 2010 and a bank in 2011. Issue is that in 2012, I filed for bankruptcy and all debt was dismissed. How can I get liens removed? Bank is asking for me to pay. I haven't contacted American Express but I know that they were paid half of the debt in settlement.

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Ronald K. Nims LLC | Ronald K. Nims
Bankruptcy does not remove liens on real property. Often, judgment liens of creditors are avoided in bankruptcy but it's a bit late to give that a try. Basically, at this time, you'll just have to pay them off.
Answer Applies to: Ohio
Replied: 7/31/2017
A Fresh Start
A Fresh Start | Dorothy G Bunce
Bankruptcy does not remove liens without additional work and exceptional circumstances. Assuming your house was protected by a homestead exemption, you could reopen your case and bring Motion to Avoid Lien. Or an attorney with a good reputation could negotiate a release of this lien under Nevada case law without the need for court action. If you handled your bankruptcy pro se on your own, it is unlikely any attorney with a good reputation will now jump in to save you, and those who are able to act to handle the complicated lien removal process will charge you big bucks to perform this action.
Answer Applies to: Nevada
Replied: 7/26/2017
OlsenDaines | Rex Daines
You need to file motions to have the liens removed. This is separate from a normal bankruptcy proceeding.
Answer Applies to: Oregon
Replied: 7/26/2017
Garner Law Office
Garner Law Office | Daniel Garner
There are 2 ways of dealing with this, depending on the amount of equity you had in your home on the date you filed for bankruptcy in 2012. You could avoid the liens if your homestead exemption was "impaired" by them. That means if the equity in your home, disregarding the other liens, was equal to or lower than the homestead exemption you could claim, the judicial liens would reduce your equity below the maximum homestead exemption, or "impair" your homestead exemption. This requires re-opening your bankruptcy case and filing a motion to avoid the liens. The other alternative is to obtain permission from the judicial lienholders to release the liens in an agreement to repay them from the proceeds of the refinance. Since property values in most areas have increased since 2012, you might have gained enough equity to pay off the liens in the refinance. Consult an experienced bankruptcy lawyer to evaluate your options.
Answer Applies to: Oregon
Replied: 7/26/2017
GARCIA & GONZALES, P.C.
GARCIA & GONZALES, P.C. | Richard N. Gonzales
You will have to reopen your case. Depends on a number of issues. I would suggest you meet with an experienced BK lawyer.
Answer Applies to: Colorado
Replied: 7/26/2017
    Richard B. Jacobson & Associates, LLC | Richard B. Jacobson
    In some states, including Wisconsin, you can apply to the state court in the county where you live or own real estate for a 'satisfaction' of the lien. There are some requirements. If you are subject to Wisconsin law, check sec. 806.19, Wis. Stats. which tells you what notice you must give and what your application for satisfaction of the lien must include.
    Answer Applies to: Wisconsin
    Replied: 7/26/2017
    Charles Schneider, P.C.
    Charles Schneider, P.C. | Charles J. Schneider
    Your question requires more information about the liens and about your bankruptcy. An attorney can most likely remove the liens.
    Answer Applies to: Michigan
    Replied: 7/26/2017
    Janet A. Lawson Bankruptcy Attorney
    Janet A. Lawson Bankruptcy Attorney | Janet Lawson
    Liens like that survive the bankruptcy. However, if when you file the case the liens "impaired an exemption" in the home you can re open the bankruptcy and have them removed. This has to be done by motion. See local counsel and go over the numbers.
    Answer Applies to: California
    Replied: 7/25/2017
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