Question: “What I was looking for is more along the lines that it does not seem right that DURING the Voluntary Petition, especially, in a chapter 7 (THE CRY/PLEA for HELP) that at the very moment the Debtor is begging to have all their debt wiped away, THAT DEBTOR infact is out aquiring more debt BEFORE their chapter 7 has been approved or denied.”
Answer: Well, as you pointed out, that is up to the individual creditor and the risk he’s willing to take. As I pointed out, the debt would not be discharged, so the debtor is not asking for help with regard to that specific debt. And that creditor’s claim to any asset would not take priority over the creditors that existed prior to the debtor acquiring the new debt. However, in your case your lien may not take priority because it was apparently not recorded.
I also understand that my answer is unhelpful to the extent that it does not provide you with a method to get your lien prioritized over the new mortgage. Sometimes we have to give customers bad news. Trust me, I really wish I could honestly tell you something good. Perhaps you should consult with an attorney in person since he’ll be able to review all the facts in this case. He may find something relevant that I am unaware of and that you didn’t realize was important enough to share with me. That’s why my disclaimer specifically states in part: “[…] the limitations of this setting may prevent your legal issues from being thoroughly addressed.” This website is helpful for obtaining general information about the law, but it just can't take the place of an in-person consultation with an attorney who can (1) review all the relevant evidence and (2) spend hours researching for loopholes that may apply based on some specific detail in your particular situation. If you stand to lose a substantial amount of money, then I definitely suggest you see a local attorney.
I truly wish you luck!
Although my answer was unfavorable, please understand that my goal was to provide you with honest information. With that in mind, I hope that you found my answer useful. If so, then please remember to click the green accept button so that I will receive credit and compensation for my time. Positive feedback is always appreciated as well. Thank you and good luck!
DISCLAIMER: Please be aware that only an attorney licensed in your state is authorized to advise you in legal matters, and that the limitations of this setting may prevent your legal issues from being thoroughly addressed. Accordingly, please understand that (1) by answering your question(s) I am not acting as your attorney, (2) my answer(s) should be construed as general information only, and (3) our discussion is not an adequate substitute for an in-person consultation with an attorney.