lein on home

[095489487]

What is the name of your state? FL
My inlaws filed Chapter 7 and the case has been discharged. A prior mortgage they had on an apt bldg was listed at time of filing. They are in the process of trying to sell the home they live in now and just found out the mortgagee placed a lein on this home. Can they do that if it was discharged already and how do they go about getting it removed?

 

[Ladynred]

That depends on when the lien was placed. If was prior to their bankruptcy, and it was a perfected lien, then it survives the discharge intact. If they placed the lien during bankruptcy, that's a violation of the automatic stay and it could be removed on that basis.

Were they behind in their mortgage payments ?