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Bankruptcy, Liens, Security Interest, Claims

San Jose, CA |

If a house has been disposed of in some bankruptcy case, can I assume that all claims and liens on that house have be cleared?

Attorney Answers 5


  1. You can assume that, but you definitely should not.


  2. Every case is unique, depending upon the facts of the situation and how they've been handled.

    Some liens are "discharged" when the house is foreclosed upon, other liens are not. Some remaining liens can be discharged in bankruptcy and others may not be. Some houses have exemptions and others may have larger exemptions (or none).

    It all depends.

    You can look at the case docket online at PACER: https://ecf.canb.uscourts.gov/cgi-bin/login.pl

    Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.


  3. As a general rule, liens against a debtor's property (real or personal) survive a Chapter 7 bankruptcy. Unfortunately, I'm not exactly clear what you're asking. You may want to pose another question with a lot more detail.

    Good luck!

    Rob


  4. No, I would NOT make that assumption. The best way to determine whether title is clear or impair is to go down to the appropriate Land Records Office (in Massachusetts, we call it the County Registry of Deeds) and look at the title based upon it's last owner or address. Better yet, many real estate attorneys will employ a title searcher at the land records office to prepare an "Abstract of Title" showing what liens, encumbrances and other municipal charges remain on the title to the real estate and which, if any have been discharged. I would recommend contacting a local real estate lawyer and have his title searcher conduct a "title search" and have a report prepared for you! If your interested in purchasing the property, you may be able to get a title insurance policy to make sure that the title you purchase is insured from all possible liens and impairments.

    If you found this answer helpful, let me know by clicking the "Mark as Helpful" button at the bottom of this answer. It's easy and appreciated. This answer does not create an attorney/client relationship and is for informational purposes only. More importantly, the information contained in this answer should not be relied on without first consulting with an attorney who practices consumer or business bankruptcy law, as applicable.


  5. NO!

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.MyImmigrationLawyer.info NOTE: Responses are for the education of the community at large and is not intended to be "legal advice." No attorney-client relationship is established by responses or comments.

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