Legal Question in Bankruptcy in Maryland
What is a valid lien
I filed bankruptcy and my attorney is trying to ascertain whether a secured debt has a valid lien. What is a valid lien?
1 Answer from Attorneys
Re: What is a valid lien
Your attorney should advise you on this, but generally speaking, a lien is where payment of a debt is secured by property. For a lien to be valid, depending on the type of lien, there usually has to be an underlying obligation, an agreement or other legal authority for the lien to attach, and often some sort of filing in public records. Absent a filing, some liens can still be valid between the parties but not as to third parties (including bankruptcy trustees). As this is a general, broad question, I can't give you an answer as to how it may apply to your situation, but your lawyer should be able to explain it to you.
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