Avoiding judgment liens on nonhomestead property
Posted: Fri Jun 26, 2015 5:39 pm
I assume Debtor is using his homestead exemption on the first house? If
not, then you can claim a wildcard exemption on the property and use
522(f).
Otherwise, your only options are for them to accept reduced payments or if
the lien is stale to fight it that way.
Sincerely,
*Michael Avanesian, Esq. *
Simon Resnik Hayes, LLP
15233 Ventura Blvd., Suite 250
Sherman Oaks, CA 91403
Tel: 818.783.6251 | Cel: 818.817.1725
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On Fri, Jun 19, 2015 at 1:28 PM, Craig J Beauchamp legallycraig@gmail.com
[cdcbaa] wrote:
>
>
> Dear Colleagues: Query?
>
> Debtor's second (nonhomestead) property is underwater and approved for
> short sale but has 2 judgment liens which can't be avoided under Section
> 522(f). Does anyone know of any other way to avoid those judgment liens?
> Both first mortgage and 2nd mortgage companies have agreed to the short
> sale. Judgment creditors won't release lien even though debt will be
> discharged in Ch 7 in any case should the 1st mortgage holder foreclose if
> there is no short sale.
>
> Trustee has abandoned the property.
>
> Any ideas? The other problem, even though sale not closed, buyers have
> moved in!!! ( I did not know this). Debtors have no money and there is no
> HAFA for Debtors. Buyers won't come up with any more?
>
> Thanks, Craig.
>
> Craig J. Beauchamp, Esq.
> Attorney at Law
> PO Box 25857
> Santa Ana, CA 92799
> (949) 689-9709
> (714) 835-5763 fax
> Legallycraig@gmail.com
>
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I assume Debtor is using his homestead exemption on the first house? If not, then you can claim a wildcard exemption on the property and use 522(f).Otherwise, your only options are for them to accept reduced payments or if the lien is stale to fight it that way.Sincerely,Michael Avanesian, Esq.Simon Resnik Hayes, LLP15233 Ventura Blvd., Suite 250Sherman Oaks, CA 91403Tel: 818.783.6251 | Cel: 818.817.1725
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