Legal Question in Bankruptcy in Wisconsin

I recently applied for a home loan and was scheduled to close this week. My banker said because I filed bankruptcy in 2006 and my brother-in-law had a lien on the house that I now can't get the loan. The lien and the mortgage has been cleared from my credit report. Can I still be responsible for the lien? He put the lien on in 2005.

Asked on 8/06/14, 6:43 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Many liens and mortgages last forever, until satisfied, regardless of bankruptcy. The liens rather than the bankruptcy are therefore at fault here, since an 8 yr. old bankruptcy would have no appreciable effect upon credit any more. Many judgment liens can easily be removed by any experienced bankruptcy lawyer at a very low cost once the "dust has settled" after the discharge is granted and the case is closed. Since that involves appearing in a different court case than yours in the bankruptcy court, however, it is not the same case that you hired your bankruptcy lawyer to handle, but instead a separate billable matter, the fee for which requires a new negotiation if you want the lawyer to handle it. Since many folks in financial trouble never attempt to refinance or end up giving up their homes, it is often not with the expense of doing this. If you are one of the exceptions, however, it is well worth your while, and this problem might be easily solved.

Do not assume that I am your attorney because of my response here, so I will not be taking any action on your case without additional arrangements. See fifteen years of other past answers at http:// or at AVVO answers at

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Answered on 8/06/14, 7:03 am

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