QUESTION

Does the lien ever expire and do you think I can quiet my title?

Asked on Dec 15th, 2016 on Foreclosures - Michigan
More details to this question:
We re-modified out first five years ago and now our old second holder is stopping refinancing because of the lien they have. The second was discharged in bankruptcy 8-10 years ago and we are beyond the statute of limitations for them to foreclose.
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1 ANSWER

Business Law Attorney serving Mount Pleasant, MI at Office of Michael Hyde PLLC
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A little more information is required to be able to advise you on this matter. IF, assuming your old second is still the same one that was discharged, then they are precluded from collections unless you reaffirmed that debt in the bankruptcy case. AND, your statement that the second won't refinance because of the First's lien doesn't make sense because the First always has priority over a second, hence the names First and Second.
Answered on Feb 13th, 2017 at 8:50 AM

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