Palm Desert, CA asked in Bankruptcy and Real Estate Law for California

Q: Can a second loan of a house be diminish if gotten by ex while couple were still married.

I got a divorse in 2007 my exhusband did a BK in 2010. A second loan of the house put a lean in the house . The Deen is being under my name since 2008. The house was granted to me in the divorce, He did the BK in 2011 same time when lean was place in the property. I also did a BK in 2012. House in the BK but kept paying it. Can I take that lean of the house since is under ex name?

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2 Lawyer Answers
Answered
  • Bankruptcy Lawyer
  • Sacramento, CA
  • Licensed in California

A: You should sit down with an experienced attorney with all the above documents so you can get a full analysis. It's very difficult to give you any answers without more details and actual documents. Good Luck.

Answered
  • Bankruptcy Lawyer
  • Irvine, CA
  • Licensed in California

A: The voluntary lien that you placed on the house remains after bankruptcy. Very limited ability to avoid or get rid of such a lien. I urge you to speak with an experienced bankruptcy attorney for further discussion.

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