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WALLSTREETESQ
WALLSTREETESQ, Attorney
Category: Bankruptcy Law
Satisfied Customers: 17080
Experience:  14 years exp., CH 7 AND 13 Bankruptcy cases, AFL-CIO UNION PLUS, UFT NYSID AND ALL MAJOR UNIONS
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I had a chapter 7 bankruptcy granted in August of 2002. At

Resolved Question:

I had a chapter 7 bankruptcy granted in August of 2002. At that time I had 3 mortgages on my residence. I only reaffirmed with two of the mortgae holders,as advised by counsel, as he felt the thrid one did not properly file a lien. I never paid the third mortgage holder anything and never ws contacted by them

I refinanced in 2007 with no problems. I attemtped to refinance in 2009 and the lien from this third mortgage holder suddenly showed up. I have the same problem again.

this is my question; if my debt was discharged, I never reaffirmed with that mortgage holder, can they still have a lien on my residence and can they collect?
Submitted: 6 years ago.
Category: Bankruptcy Law
Expert:  WALLSTREETESQ replied 6 years ago.
when you refinanced did they do a title check?
Customer: replied 6 years ago.

Yes the did one in 2007 and apparently it did nto show up as we got a mortgage. In 2009, using the same mortgage company to get a better rate, the lien appeared. The title co that was doing teh work at that time said the lien was put on just after we refinanced in 2007. Of course the lien holder told me that wasn't true, it was alwasy there.

 

 

 

 

Expert:  WALLSTREETESQ replied 6 years ago.
the title company would be liable first, as that was their job, second, the third line may have been recorded improperly in the first place, and now attached the property, you would have to sue the third lien holder in court to have them removed, it is possible that you could have it removed, also the refi title company should aid you as they should have taken care of it.
Customer: replied 6 years ago.
Thank yoiu. Just one more question, when you said the title company would be liable first just what does that mean? whom are they liable to me or the morgage comapny? and what would they be potentially liable for?
Expert:  WALLSTREETESQ replied 6 years ago.
they are liable to the mortgage and to you, as the new mortgage bank would never have approved a new loan when their was an existing loan, their job is to clear title, if the third remains, they may claim priority over the refinanced loan, and that is why the title company which has insurance would be liable.
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