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  1. #1
    Join Date
    Mar 2015
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    1

    Default Removing a Property Lien Post-Discharge in Bankruptcy

    My question involves collection proceedings in the State of: CA

    Here is my situation. I was married for 18 years during which time my ex-wife and I owned a home together in Riverside County, CA. My wife and I legally separated in February of 2005 and we were divorced in November of 2005 via marital settlement agreement. According to the terms of the MSA, my wife remained on the title to the property until 2011 when she quit-claimed the property to me. I still own and reside in the home.

    Recently, I attempted to re-finance my house only to find out that there are approximately $40,000 in liens on my property from debt that my ex-wife accrued that was unbeknownst to me. The debt was accrued during the time we were married (some possibly after our divorce in 2005). The majority of the debt comes from a case that was filed against both of us (that I was later dismissed out of) wherein judgment was entered in November of 2006 and the lien against my property was recorded several weeks later. The final piece to this puzzle is that my ex-wife was discharged in bankruptcy in August of 2009, but the lien remains on the property.

    My questions are:
    1. Can I have the liens removed from the property?
    2. Next year will be 10 years from the judgment/lien. Can the lien be renewed since my ex-wife’s name is no longer on the property?

  2. #2
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: Removing a Property Lien Post-Discharge

    Quote Quoting absolvd
    View Post
    My question involves bankruptcy in the state of: CA

    Here is my situation. I was married for 18 years during which time my ex-wife and I owned a home together in Riverside County, CA. My wife and I legally separated in February of 2005 and we were divorced in November of 2005 via marital settlement agreement. According to the terms of the MSA my wife remained on the title to the property until 2011 when she quit-claimed the property to me. I still own and reside in the home.

    Recently, I attempted to re-finance my house only to find out that there are approximately $40,000 in liens on my property from debt that my ex-wife accrued that was unbeknownst to me. The debt was accrued during the time we were married (some possibly after our divorce in 2005). The majority of the debt comes from a case that was filed against both of us (that I was later dismissed out of) wherein judgment was entered in November of 2006 and the lien against my property was recorded several weeks later. The final piece to this puzzle is that my ex-wife was discharged in bankruptcy in August of 2009, but the lien remains on the property.

    My questions are:
    1. Can I have the liens removed from the property?
    2. Next year will be 10 years from the judgment/lien. Can the lien be renewed since my ex-wife’s name is no longer on the property?
    If the debt was due to your ex-wife actually putting up the house for collateral for a loan (equity loan, SBA loan etc) then you are SOL. Those liens cannot be removed unless the debt is paid off. Those types of liens survive a bankruptcy.

    If the liens were due to judgments for other types of debt, then her bankruptcy should have erased those liens and therefore there could be recourse to have them removed.

    See a real estate attorney first...then perhaps a divorce attorney after that.

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