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Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31685
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We are in the process of selling our home. There is a problem

Customer Question

We are in the process of selling our home. There is a problem with our deed that has stopped things. The verbiage ( "husband and wife" was left off of the deed, or "with right of survivorship" ) was incorrectly left off the deed. I had a judgement against me from Bank of America over a credit card balance. That balance and judgment was sucessfully discharged through a bankruptcy(the bankruptcy did not include my wife) in 2012. Bank of America has a lien against my property. I've been told that because the deed was done wrong, that BOA is able to hold things up. I have requested that the lien be released and I have also requested a payoff statement from BOA legal. It has been weeks with no response and I call them everyday. Is my title company legally/financially responsible for correcting this. The house is owned by my wife and I and it was at the time of closing in 2005. They hired the attorney that drew up and messed up the deed. My title company has been cooperative to this point, but they did inform me that they are not legally responsible for the deed being incorrect??? If things go south, do I have legal recourse against my title company?
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Roger replied 2 years ago.
Hi - my name is ***** ***** I'll be glad to assist.Was the judgment against you and your wife or just against you?
Expert:  Roger replied 2 years ago.
If the judgment was just against you....and not your wife, then the judgment would only attach to your half interest in the house because Virginia is not a community property state. Thus, the addition of "husband and wife" or "joint tenants with rights of survivorship" should have no bearing on the creditor's lien rights. To my knowledge, "husband and wife" has no legal significance except to show that the property was purchased during the marriage and is considered marital property. Also, "joint tenants" deals with how the property transfers upon the death of one of the owners.......
Expert:  Roger replied 2 years ago.
The more likely culprit is the bankruptcy filing.......if you were discharged of the debt, that simply means that you are no longer liable to pay the obligation. HOWEVER, the debt still exists. Thus, you must file a motion to set aside the judgment lien and have the LIEN itself cancelled. If that wasn't done in your bankruptcy, that's what the hold up likely is. You can re-open your bankruptcy, file this motion and get this done with relative ease and within a short period of time. But, that is going to likely be the issue IF the judgment is only against you.

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