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Dave Kennett
Dave Kennett, Lawyer
Category: Family Law
Satisfied Customers: 27689
Experience:  25 years experience as practicing attorney
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I filed Chapter 7 bankruptcy and divorced in 2005. The family

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I filed Chapter 7 bankruptcy and divorced in 2005. The family home was awarded to me. I am currently trying to sell the home through a short sale and some liens popped up through the title exam that belong to my ex-wife. The liens were filed prior to the QC Deed being filed to remove my ex-wife, but I was not aware of these liens. Do I have any recourse? I thought this is something my divorce attorney should have caught through common sense due diligence. The amount of the judgments is too great for me or my ex-wife to satisfy. Any suggestions?
-Could you explain your situation a little more?
Did your ex wife also file for bankruptcy?
Customer: replied 3 years ago.

No, I filed for divorce first. While waiting for divorce to be finalized, I filed Chapter 7 BK by myself.


One judgment was a joint judgment which we were both listed as debtors. I discharged this debt on my side, but still shows up on title under my wife. This is the biggy for about $300k+.


The other judgment is a hospital medical collection solely against my ex-wife. Amount unknown.

Dear JACUSTOMER - Typically a divorce attorney would not order a title examination of the real estate as part of the divorce action. Whatever liens were there would have been there regardless of what the attorney had done and signing a quit claim deed would not affect the validity of the liens so it really wouldn't have mattered if the attorney knew or didn't know. Your financial position would be the same since the liens could not have been paid and your bankruptcy would have no effect on your ex wife's personal debt or liabilities. Unless someone can get the lien holders to agree to release the liens to allow the short sale it is likely the property will have to go through a full foreclosure where the liens can be "marshalled" and extinguished. I'm not certain, if you filed a bankruptcy, how you would be in any worse financial position under a foreclosure rather than a short sale since I am assuming you included your lender in the bankruptcy. You would get nothing in the way of equity in a short sale and nothing from a foreclosure so the result would basically be the same. If I am missing something in this please let me know but unless your ex wants to file a bankruptcy and wipe out her debts I see no recourse that you can take.
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