QUESTION

will filing bankruptcy keep me from borrowing against my home equity

Asked on Jul 21st, 2013 on Bankruptcy - Texas
More details to this question:
I need to file bankruptcy to get rid of an abstract of judgment in which an illegal lien was placed against my homestead in Texas. Will filing bankruptcy keep me from borrowing money against my home equity?
Report Abuse

1 ANSWER

If the lien is in fact illegal, I don't understand why you would file bankruptcy to get rid of it rather than challenging the lien directly. Either way, you either will have trouble or will not have trouble getting the lienholder to remove it. I sometimes see where people have been sued, for example, by credit card companies and a judgment is taken against them. Then, the credit card company files an "abstract of judgment" in the county records. Later, if a title company is looking at approving a loan or sale for title insurance, they may list this judgment as something that has to be cleared in order to issue title insurance. If something like this is what is happening to you, there is a far simpler way to resolve the problem than through bankruptcy. Here is some information about how to remove such a lien: http://www.armstrongattorneys.com/cannot-get-a-home-loan-because-of-an-old-judgment/   There is nothing in bankruptcy that would prohibit you from eventually borrowing against your home equity. But, of course, your credit score may well be hurt by the bankruptcy filing and you may need some time after your discharge to rebuild your credit enough to qualify for a loan.
Answered on Jul 21st, 2013 at 6:03 PM

Report Abuse

Ask a Lawyer

Consumers can use this platform to pose legal questions to real lawyers and receive free insights.

Participating legal professionals get the opportunity to speak directly with people who may need their services, as well as enhance their standing in the Lawyers.com community.

0 out of 150 characters