QUESTION
What can be done about the lien that the debt collector put on our property?
Asked on Mar 18th, 2014 on Bankruptcy - Arizona
More details to this question:
Filed for bankruptcy in Arizona in 2004. It was dismissed. In 2008, a debt collector put a lien on our home. I thought the statute of limitations was three years in Arizona. We now live in Georgia and found out by accident about the lien when we tried to buy a 5 acre piece of property in 2012. We were able to purchase the land. At the time, the lien was $4,000. Now it is over $10,000 and the debt collector will settle for a little over $5,000. Is this legal?
1 ANSWER
Bankruptcy Attorney serving Phoenix, AZ
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Law Office of D. L. Drain, P.A.
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You don't say whether this property was your homestead. If so, Arizona does not allow a lien to be put on a homestead property. If this was not your homestead, then a creditor can record a lien. If this debt was included in the your bankruptcy it is discharged as to your personal liability, but may still be a lien on non-exempt property.
Answered on Mar 19th, 2014 at 8:08 PM