[CLBS] Chapter 13 Lien Strip Question

Sat May 31 05:46:43 MDT 2014

I agree with Cam.  No need to even get the creditor involved, or have to rely on them to get the lien removed (depending on the creditor, of course, this may not be an easy thing to get, notwithstanding a court order requiring them to do it).  The plan language, together with a simple court order stating that the lien is no longer attached to the property (or similar language) is all that's required.  A title company should accept the recorded order as sufficient proof that the lien is no longer valid.  

MTC

Matthew T. Christensen
Attorney and Counselor at Law

ANGSTMAN JOHNSON 
Attorneys and Counselors
3649 N. Lakeharbor Lane
Boise, Idaho  83703
(208) 384-8588
(208) 853-0117 (fax)
mtc at angstman.com
www.angstman.com

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-----Original Message-----
From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Cam Phillips
Sent: Friday, May 30, 2014 14:06
To: Randal French
Cc: CLBS at admws.idaho.gov
Subject: Re: [CLBS] Chapter 13 Lien Strip Question

Save a few bucks. Just have clear language in the plan providing for the strip, then draft an order with the necessary information in it at the plan's completion, and record it.  Done.

Cameron Phillips
Attorney at Law
924 Sherman Ave.
Coeur d' Alene, Idaho 83814
208  667 5437

On May 30, 2014, at 9:17 AM, Randal French <RFrench at bauerandfrench.com> wrote:

> Good question.  I vote for combining nos. 1 and 2, although no. 2 may be to order the lender to direct the trustee on the deed of trust to reconvey the deed of trust.  Make sure the legal description is included in the order.  I like the idea of having an order compelling the lender to direct the trustee of the second deed of trust to reconvey the deed of trust.  It cleans up the real estate records for the future.
> 
> Any other thoughts?  Anybody want to turn this into a presentation for the next bk seminar?  Anybody have any other topics that they believe would like to hear about or would be useful for practitioners?
> Let me know.
> 
> 
> Randy French
> www.bauerandfrench.com
> 
> 
> Bauer & French
> Attorneys at Law
> 1501 Tyrell Lane 1P.O. Box 2730 PBoise, ID 83701-2730
> (208) 383-0090 ( Fax: (208) 383-0412
> IMPORTANT NOTICE: This communication, including any attachments, may contain information that may be confidential or privileged and is intended solely for the entity or individual to whom it is addressed. If you are NOT the intended recipient, you must delete this message and attachments and are hereby notified that any disclosure, copying, or distribution of this message is strictly prohibited. Nothing in this email, including any attachment, is to be a legally binding signature.
> 
> 
> 
> 
> -----Original Message-----
> From: CLBS [mailto:clbs-bounces at admws.idaho.gov] On Behalf Of Shane Warner
> Sent: Friday, May 30, 2014 3:58 AM
> To: CLBS at admws.idaho.gov
> Subject: [CLBS] Chapter 13 Lien Strip Question
> 
> 
> 
> All,
> 
> I have a Chapter 13 case which is going to close in the next month and wanted to get some feedback on the best practices to effectively have the 2nd mortgage stripped from the county records.  The plan contained the relevant strip language, the confirmation order granted all related motions, and the appropriate parties were served. Which is the best course of action:
> 1. obtain an order from the court upon completion of the plan payments that the lien has been stripped and record it in the county records; 2. obtain an order directing the lender which holds the 2nd mortgage to remove the lien; 3. simply record the plan and confirmation order; or 4. is there another option?
> --
> Shane K. Warner
> *Warner Law Offices, PLLC*
> 2627 W. Idaho St.
> Boise, ID 83702
> Ph: (208) 338-1001
> Fax: (208) 338-8400
> Email: swarner at swarnerlaw.com
> Web: www.swarnerlaw.com
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