How to remove a lien against real property after a divorce?

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How to remove a lien against real property after a divorce?

My friend’s ex-wife has an outstanding debt of $10,000 that she owes to her attorney. The ex-wife filed for bankruptcy and the debt was listed in the bankruptcy. However, her attorney placed a lien on the house that she and my friend have been trying to sell (short sale) for the last year. Unless the lien is lifted, the house cannot be sold. What are his options?

Asked on December 3, 2010 under Bankruptcy Law, Florida

Answers:

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

Answered 10 years ago | Contributor

That may be because the debt was not discharged in the bankruptcy because it was found to be non-dischargeable or because the bankruptcy was not yet completed.  Which here?  Attorneys fee liability is not listed in many of the state the bankruptcy codes as a non-dischargeable debt. But, when the fees are incurred in connection with a debt which itself is non-dischargeable the attorney fee liability attaches to the non-dischargeable debt and the fees too cannot be discharged. So check it out here what is the deal with her attorneys fees.  It is really not that they can not sell it with the line it is that the lien has to be satisfied prior to sale or through the proceeds and no lender, losing money already, is going to agree to that. 


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