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NY/MA Attorney
NY/MA Attorney, Attorney
Category: Bankruptcy Law
Satisfied Customers: 16
Experience:  20 years experience practicing Bankruptcy law
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Approximately 3 1/2 years ago, I filed for bankruptcy to eliminate

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Approximately 3 1/2 years ago, I filed for bankruptcy to eliminate credit card debt. I do not remember what chapter is was, however, I did not have to pay anything back. Due to the bankruptcy, I learned that the home and auto loan I currently had were also discharged because the attorney did not fill out an application (I don't remember the name of it) to keep them. Since my payments were not helping my credit, I turned the car in and bought another one but still have my home (doublewide on a brick foundation). Which if I am correct, I can walk away from since that has been discharged as well. My step son has gotten in trouble and is in jail. Due to the amount of the bond, the only option is to put the property up to get him out. Now, if for some reason he does not go to court, I understand there will be a lien placed on the home by the county for the amount of the bond. If this were to happen & I then chose to walk away from the home would the lien follow me or the home?
Submitted: 7 years ago.
Category: Bankruptcy Law
Expert:  NY/MA Attorney replied 7 years ago.
In answering this question I am going to assume that you own the land upon which your mobil home is located and that he home is permanently affixed thereto, and that you had a traditional Mortgage on the property. There are two issues concerning the debt on your home, 1. the Note which is your personal promise to repay the money and; 2, the Mortgage, which is the lender's security in case you don't repay the money. When you file for Chapter 7 bankruptcy your get personally discharged. That is another way of saying that you are forgiven of your personal obligation to pay bank the money under the Note. However, in a Chapter 7 the Mortgage goes through the bankruptcy unaltered, which is to say that the Lender still has a mortgage on your property. If you place a lien on the property for the purpose of securing release of your Son, the lien will be behind the first Mortgage. As long as you did not reaffirm your obligation under the Note when you filed for Chapter 7 you have no personal obligation to repay the money. However, the lender still has the right to foreclose on your home and sell it to someone else.
Customer: replied 7 years ago.

Great, I understand that and thanks for your response. But, I guess my main question is....if I put the property up to get him out of jail, and then he skips town and a lien is placed on the property, and I walk away from the obligation to live elsewhere, will that lien remain on my home that has been discharged or will it follow my credit?

Expert:  NY/MA Attorney replied 7 years ago.
You will have no obligation to repay the loan that you discharged in bankruptcy. The fact that there is a lien or a mortgage that gets foreclosed on may be reflected in your credit report, but you will never again have any obligation to repay that amount. With respect to your Son, it depends upon the paperwork that you sign.   If you agree to be personally liable then you will have an obligation. If you are just giving your property as security then you will not. If you have any questions about the nature of the agreement that you are entering into you need to show the paperwork that you are signing to an attorney and get specific legal advise. Nobody can give you advise about your obligations under a particular document without first reviewing the document.
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