Legal Question in Real Estate Law in Virginia

Condo Follies

I sold a unit in Dec. A day before settlement the association and their atty submitted a lien from 8yrs ago and I was not aware of it until closing. To keep the title clear for the purchaser, we paid lien. I sent a demand letter for the amount paid and penalty while stating the following.

Name on lien was from another owner.

Previouse owner filed bankruptcy and debt was disharged.

Association sued us for the amount of the lien and it should have been released. Plus lien is dead after 24 months.

Association declines to accede and wants more info. Sent the court records to them and also stipulated that the lien was recorded under the POA vice the Condominium Act. Also Lien was never in the discloser package. They still arn't responding!


Asked on 1/21/04, 2:06 pm

1 Answer from Attorneys
John Sawyer Sawyer & Azarcon, P.C.

Re: Condo Follies

A bankruptcy discharge wipes out dischargeable debts. It does not erase real estate liens unless a separate adversary proceeding was filed in the bankruptcy case -- lien avoidance or lien stripping. You need to consult with a bankruptcy attorney, ASAP.

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Answered on 1/21/04, 5:01 pm


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