Portland, OR asked in Bankruptcy for Oregon

Q: After chapter 7 could a lien be put on my house when I sell or refinance?

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2 Lawyer Answers
Timothy Denison
Timothy Denison
Answered
  • Bankruptcy Lawyer
  • Louisville, KY

A: Not if it was discharged in the 7.

Mr. Michael A. Shurtleff
Mr. Michael A. Shurtleff
Answered
  • Bankruptcy Lawyer
  • Salem, OR
  • Licensed in Oregon

A: Dear Asker,

I am broadening your question just to be on the safe side.

1) If nobody had a judgment lien against your house at the time you filed a bankruptcy then all of the debts that could have gone to judgment are discharged through the bankruptcy and nobody can get a lien related to those debts after your bankruptcy discharge is received.

2) if somebody had a judgment against you at the time you filed chapter 7 that created a lien on your house, the debt is discharged but the lien would remain against (attached) to your home and you would have to attempt to strip the lien if it was eating into your homestead exemption. If there was plenty of equity in your home to cover your exemption and the judgment debt then that judgment lien would end up being paid off in a sale or refinance. That judgment lien will also continue to grow at the contract rate of interest or 9% (whatever is listed in the judgment document). So...if there are any judgment liens attached to the property they should potentially be dealt with as soon as possible to minimize the amount of your equity they eat up

3) If you got a house after filing chapter 7 then no judgments that existed at the time you filed bankruptcy would attach to the property that you acquired after filing bankruptcy.

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