Portland, OR asked in Bankruptcy for Oregon

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

Related Topics:
2 Lawyer Answers

A: Not if it was discharged in the 7.

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.

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.