QUESTION
How can I remove the liens on my house so I can sell it?
Asked on Apr 16th, 2013 on Bankruptcy - Colorado
More details to this question:
I filed bankruptcy 2 years ago. I am recently trying to sell my house and come to find out I have 3 liens on the house. How do I get rid of these to sell my house?
9 ANSWERS
Bankruptcy Attorney serving Hampton, VA
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Haven Law Group, P.C.
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Filing bankruptcy does not remove the liens. It only rids you of your personal liability.
Answered on Apr 22nd, 2013 at 9:47 PM
Bankruptcy Attorney serving Concord, CA
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William Rubendall Attorney at Law
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If a bankruptcy case has been closed you can re-open it to file motions to avoid judgment liens.
Answered on Apr 22nd, 2013 at 7:41 PM
Whether the liens can be removed or "avoided" depends on (1) the nature of the liens, and (2) whether the liens existed when your bankruptcy was filed. If the liens are judicial liens which existed when your bankruptcy was filed, in certain circumstances you can bring on a motion in Bankruptcy Court to re-open your case for the limited purpose of thereafter making a motion to avoid the judicial liens. You should discuss this with your attorney.
Answered on Apr 18th, 2013 at 11:54 PM
Bankruptcy Attorney serving Livonia, MI
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Charles J. Schneider, P.C.
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I would hire an attorney to look into it. You have not provided any information in which to give you an answer.
Answered on Apr 18th, 2013 at 9:44 PM
You should return to your bankruptcy attorney to reopen your case to file a motion to avoid these liens. As the noticing requirements for these motions can be tricky, make sure your attorney has experience in doing these motions. The cost will be high to complete this project, so expect to pay a lot.
Answered on Apr 18th, 2013 at 9:02 PM
Bankruptcy Attorney serving Plantation, FL
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Moffa & Breuer, PLLC
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There is a simple legal procedure in Florida. Consult with a real estate attorney.
Answered on Apr 18th, 2013 at 12:31 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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You cannot, only the lien holders can. See an attorney. Even though you bankrupted they still have their security rights is the property.
Answered on Apr 18th, 2013 at 12:28 PM
Deborah F. Bowinski
You should consult with an attorney - if the liens existed at the time of your case filing you should have filed motions in the bankruptcy court to have them avoided. You may still be able to do that, but depending upon practices in your jurisdiction it may be necessary to first re-open the case in order to do so.
Answered on Apr 18th, 2013 at 12:27 PM
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You don't if they are consensual liens. If they are judgment liens then you must file a motion to avoid judicial liens. There are rules governing how to do this.
Answered on Apr 18th, 2013 at 12:27 PM