If Ihad a a Chapter 7 discharged and acreditorlisted in mybankruptcy has a lien on my rental house, can I re-open my case and have the lein set aside?

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If Ihad a a Chapter 7 discharged and acreditorlisted in mybankruptcy has a lien on my rental house, can I re-open my case and have the lein set aside?

My refinance is being halted until I settle lien. I’ve never lived in this property. I was recently told by a lawyer that since it was not my primary residence that I cannot take the lien off. Is this true? What are my options with the court? Or do I just have to negotiate with lien holder?

Asked on October 22, 2010 under Bankruptcy Law, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am confused: was the judgement discharged in the bankruptcy?  Was the creditor given notice of the bankruptcy and the discharge?  The answer to the question as to the primary residence issue may be best answered by a different attorney in California. In other words, get a second opinion.  But that really does not sound right.  It does not matter how many residences you own you have the right to have a lien removed.  Did the attorney mean because it was not your primary residence listed in the bankruptcy and thus exempt under state law?  But if the judgement was discharged that would still make no sense. Get help. Good luck.


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