Application to Cancel or Discharge Mortgage/Lien

The court’s local forms, Application to Cancel and Discharge Mortgage/Lien and Chapter 13 Order Authorizing Cancellation, Voiding and/or Discharge of Record of Mortgage/Lien, can be used in a Chapter 13 case to make application to the court to cancel or discharge a mortgage or lien.

IMPORTANT: When completing the application the movant must include a hearing date that is 22 days or more from the filed date of the Application.

NOTE: To receive a certified or exemplified copy of an Order Authorizing Cancellation, Voiding and/or Discharge of Record of Mortgage/Lien, the movant must make the request to the Court in person or in writing and pay the applicable fee. The Clerk’s Office will not certify or exemplify a copy of the order upon entry.


STEP 1 - Click BANKRUPTCY from the blue banner menu

STEP 2 - Select the MOTIONS/APPLICATIONS category

STEP 3 - Enter the case number; click [NEXT]

STEP 4 - Select CANCEL AND DISCHARGE MORTGAGE/LIEN event; click [NEXT]

STEP 5 - If you are filing this pleading with another attorney, place a check in the Joint Filing with Other Attorney(s) box.  Otherwise, click [NEXT] to continue

STEP 6 - Select the party on whose behalf you are filing the Application

STEP 7 - Select the Party or click Add/Create New Party; click [NEXT]

                TIP - If this is the first time you are appearing on behalf of this party, you will be asked to create an association between the attorney and client on the next screen as shown below.

                IMPORTANT: You will not receive Notices of Electronic Filing (NEF’s) if the association is not created.

 

 STEP 8 - Click [BROWSE] to upload the PDF document(s); click [NEXT]

                 TIP - Supporting documents such as Certificate of Services and Proposed Orders should be uploaded as attachments to the Application.

STEP 9.a - Enter the name of the mortgage or lien holder in the field

STEP 9.b - An objection date displays; click [NEXT] to continue

STEP 10 - Enter a hearing date AND time (to be used if an objection is filed) in the field; click [NEXT]

                  EXAMPLE: November 17, 2014 at 10:00 am  

STEP 11 - Click [NEXT] to continue

STEP 12 - Docket text displays. Review for accuracy.  If an error is found, abort the transaction and begin the event again. Click [NEXT] to submit the transaction if accurate.         

SAMPLE DOCKET TEXT

Application to Cancel and Discharge Mortgage/Lien RE: Wells Fargo Mortgage Filed by John Smith on behalf of Joseph Wayne Sample, Sarah Lynn Sample. Hearing date if Objection filed: November 17, 2014 at 10:00 am. Objections due by 11/7/2014. (jml)  (Attachments: # (1) Certificate of Service # (2) Proposed Order) (Smith, John)

STEP 13 - Notice of Electronic Filing (NEF) Displays

                 TIP: Print the NEF to PDF to save an electronic copy.