Q: New lien assigned to real estate after Chapter 7 Bankruptcy discharged.
I filed for Chapter 7 bankruptcy and it was discharged in 2/2014. The property was sold during foreclosure and then the property was bought back from that purchaser. Bayview Loan Servicing was assigned a lien to the property on 8/20/2015, for the original purchase price of the property, which was originally financed in 2003 through Countrywide Home Loans, Inc., can Bayview Loan Servicing do this?
A: After a Chapter 7 bankruptcy discharge, you are generally relieved from personal liability for debts existing prior to the bankruptcy filing; however, secured debts, such as a mortgage, can be different because the lien on the property often survives the bankruptcy discharge. If Bayview Loan Servicing legally acquired the right to the lien, they might be able to enforce it. It is crucial to carefully review all the relevant documents and possibly seek legal advice to determine the legitimacy of this new lien and understand your rights and options in this scenario.
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