QUESTION
I filed chapter 7 there was a judgment lien on the property I surrendered does the lien follow me or go with the property?
Asked on Nov 09th, 2012 on Bankruptcy - Colorado
More details to this question:
Someone is trying to get me to short sale the property by telling me the lien will follow me and anything I purchase in the future. I want to surrender the home as I stated in my bankruptcy. Will the lien follow me or go with the home?
6 ANSWERS
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You will need to take an additional step in your bankruptcy to avoid the judicial lien. That assumes this is a judicial lien and not a consensual one. Please understand that filing for bankruptcy is a very complicated process. It is wise to talk to an experienced bankruptcy attorney before deciding to take this important step. Most Arizona bankruptcy attorneys offer a free consultation about the basics of bankruptcy.
Answered on Nov 13th, 2012 at 1:50 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Lien stays with the Property. You discharged your obligation to repay the loan in your bankruptcy.
Answered on Nov 13th, 2012 at 12:39 AM
Bankruptcy Attorney serving Alpena, MI
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Carl C. Silver Attorney at Law
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The judgment lien will follow you unless you record the proper bankruptcy schedules with the register of deeds office where the lien is filed which will discharge the lien. You should do this even though you are surrendering this property because the lien will stay on record and will attach to any other property you acquire in the future.
Answered on Nov 12th, 2012 at 11:32 PM
If the judgment lien is attached to the property then it will stay attached after bankruptcy unless some action was taken to eliminate it during the bankruptcy. If the lien was not attached to property, then it does not follow you. Bankruptcy does not get rid of liens, but they cannot be legally collected. If the property you have now did not have the lien on it before bankruptcy, it will not have one now and cannot follow you.
Answered on Nov 12th, 2012 at 11:15 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The lien is on the property and will not follow you.
Answered on Nov 12th, 2012 at 11:13 PM
Daniel James Wilson
You need to avoid the lien while you are in the BK process. Talk to your attorney. If you don't have an attorney Google section 522(f) of the BK code. Short sale is not necessary.
Answered on Nov 12th, 2012 at 10:54 PM