Bankruptcy, Liens, Security Interest, Claims

Asked over 1 year ago - 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. David Alexander Yomtov

    Pro

    Contributor Level 16

    7

    Lawyers agree

    Answered . 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... more
  2. Robert Parkinson Taylor

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . 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

  3. Scott Benjamin Riddle

    Pro

    Contributor Level 20

    3

    Lawyers agree

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

  4. Richard N Gottlieb

    Contributor Level 9

    3

    Lawyers agree

    Answered . 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... more
  5. J. Thomas Smith Ph.D.

    Pro

    Contributor Level 20

    2

    Lawyers agree

    Answered . NO!

    Law Offices of J Thomas Smith J.D., Ph.D 11500 Northwest Freeway, Suite 280 Houston, TX 77092 713-LAWYER-2 www.... more

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