Legal Question in Bankruptcy in California

Property Lien

I discharged in Oct'02. I had 2 judgements in the BK. I bought a house in 2005 and I'm doing a refi. The title co. said the 2 judgements are now liens on my house. Is this legal?


Asked on 9/15/06, 2:07 pm

2 Answers from Attorneys
Mark Markus Law Office of Mark J. Markus

Re: Property Lien

When were the liens recorded against the house? If they were recorded after your bankruptcy case was filed, then no, it is not legal. If they were recorded prior, then yes, it is not only legal, but the liens survive the bankruptcy unless you get a court order from the bankruptcy court avoiding the lien(s).

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Answered on 9/15/06, 2:12 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Property Lien

In a nutshell, judgments can be discharged in a bankruptcy, but they must be specifically stated just like any other creditor's alleged debt owed. If you would like further, affordable legal assistance in this unfortunate matter, contact us directly for a free phone consultation today.

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Answered on 9/15/06, 2:19 pm


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