Toledo, OH asked in Real Estate Law and Bankruptcy for Ohio

Q: Can I get an encumbrances removed from the title of my property if the person the encumbrance name is in filed bankruptc

I acquired a property through probate and didn't know the title had an encumbrance attached to it in my sisters name. She filed chapter 7 bankruptcy and got the bill charged off from herself but it's still attached to my property title. Is there a way to get that removed from my title seeing that it was removed from her life through bankruptcy?

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

A: Depends on what the encumbrance is for. More info is needed.

James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Bankruptcy Lawyer
  • Sacramento, CA

A: If your sister's debt was discharged through Chapter 7 bankruptcy, it means that she is no longer personally liable for that debt, but it doesn't automatically remove the encumbrance from the title of your property. The encumbrance, such as a lien or mortgage, is typically attached to the property itself rather than the individual. Therefore, it remains on the property's title until it is satisfied or released.

To address this situation, you would need to work with the creditor or lender that holds the encumbrance. They should take steps to release the encumbrance or lien from the property's title once the debt has been discharged in your sister's bankruptcy. You may need to provide them with a copy of the bankruptcy discharge order as proof of the debt's discharge.

It's advisable to consult with an attorney who specializes in real estate or bankruptcy law to help facilitate this process. They can guide you through the necessary steps, communicate with the creditor, and ensure that the encumbrance is properly removed from the title of your property.

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