Q: I was granted chapter 7 bankruptcy in 2012. A creditor was listed. Same creditor had put a lien on the property I was
renting from my parents. I do not own property, my name is nowhere associated with ownership. We just found out because they are trying to remortgage and we discovered lien. Can a creditor legally put a lien on someone else's property for a debt. If the debt is listed as discharged how do we get the lien off?
A:
Unless the creditor obtained a judgment against your parents, you had an interest in the property when the lien was filed, or it is some other sort of lien (as, for example, a mechanic's lien), the lien is invalid. Whether you are personally liable for the debt is beside the point, and it appears that you aren't because of the bankruptcy discharge.
Your parents need to sue the lienor to remove the cloud on their title (which the lien is).
Scott Marshall Neuman agrees with this answer
A:
I'm guessing they somehow mistakenly put the lien on the wrong property, perhaps by confusing your name with your parents' names when they did a record search. If so, you could also sue for "slander of title" (as it is called some places).
Or perhaps whoever did the title search for the remortgage application made the mistake. Have them double-check.
A: The answer is, a creditor cannot place a lien on property that the debtor does not own. The bankruptcy discharges you from the unsecured debt but has no relevance on the wrongful filing of the lien. Your parents should send a letter by certified mail demanding that the lien be removed forthwith.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
