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How can a lien still stand on a property if the debt itself has been released?

South Bend, IN |

In filing bankruptcy my lawyer failed to take the extra step to have liens removed from the property I was co-owner of with my X-husband. He says reason is I was walking away from the home and surrendering property so what does it matter. Well it matters because now my X is trying to sell property and can't because of liens on it from me. My lawyer also never had me do quit claim deed to remove my name from the title on home and I am hoping that bankruptcy removed it from loan on the home. My lawyer also said something about liens should have never been placed on property to begin with because it wan not just my property and X was no longer my husband. We were not husband and wife when property was purchased. What are my options now to clear title and myself.

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Attorney answers 1


The lien and the debt are separate legal entities. Although the debt has been discharged, the lien is still good. Consider a lien as if it were a car loan. You can discharge the debt for the car loan in your bankruptcy and you owe nothing, but does bankruptcy give you a free car? No, because unless you pay the lien on the car, the lender's interest in the car lets them repo it. Hope this perspective helps!

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