Legal Question in Bankruptcy in Ohio

Liens

I filed bankruptcy in 1998 and divorced in 2002. Unfortunately I have found out that there is a lien against my previous property which my ex spouse now owns and was awarded in the divorce. The party in which enforced the lien was included within my bankruptcy; however, I was not aware that they put a lien against my previous property before my bankruptcy proceedings until recently. I was curious if the new borrower (due to my ex spouse refinancing the property) was now responsible for the lien or if it was still in fact my responsibility. The new title/mortgage company should have done a title search and located the lien. If this was not done I feel it is the between the borrower and the mortgage company and not myself. Also, I assumed that if a lien was filed against the property and it was refinanced in the ex spouse's name that that would be the responsibility of the new borrower. Due to when you purchase a home - you do a title search and if it is missed you also purchase the unpaid debts unfortunately. Unfortuantely my attorney who did my proceedings is now retired so I am looking for guidance. Please, inform me of the correct way to turn.


Asked on 2/05/04, 1:31 pm

1 Answer from Attorneys
Steven Schiller Steven L. Schiller, Attorney at Law

Re: Liens

If this is a judgment lien, and it wasn't removed when your bankruptcy case was open, it will still be on the property. If your ex wife tries to sell the property, it will have to be satisfied for her to convey clear title to the property.

However, you may be able to reopen the bankruptcy case in order to have the lien avoided. This may or may not be possible, depending on property value, mortgage amount, etc. If you have any questions re the above, feel free to contact me at 513-621-2201 (Cincinnati office)

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Answered on 2/05/04, 4:30 pm


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