.jpg)
lien strip question
Client has a 1st with Cal Housing and a 2nd with Cal Housing, but they are recorded in the same deed of trust (weird, but does it matter for purposes of a lien strip?). In that 1st/2nd joint-DT, her ex husband is also listed.Furthermore, there is a 3rd with Bank of America, that is in ex-husbandsthe house.
Are any of these liens strippable considering ex is on 1st/2nd deed with client, and on 3rd deed alone?Client doesnt care if ex is stuck with any personal liabilty.
Is it worth a try on both or either (2nd and/or 3rd) (AP via Ellen Carroll)?
I usually advise married debtors to file together to avoid any question of what can be stripped, but in this instance, they are divorced. Sec. 506(a) says 'by a lien on property in which the estate has an interest' and therefore doesn't seem to speak to the debtor, but to the property itself. Has anyone tried something similar?
Borowitz & Clark, LLP
100 N. Barranca St., Ste. 250
West Covina, CA 91791-1600
(626) 332-8600 Phone
(626) 332-8644 Fax
etaylor@blclaw.com
Client has a 1st with Cal Housing and a 2nd with Cal Housing, but they are recorded in the same deed of trust (weird, but does it matter for purposes of a lien strip?). In that 1st/2nd joint-DT, her ex husband is also listed.
Furthermore, there is a 3rd with Bank of America, that is in ex-husbandss name only. She doesnt know where ex is. She wants to keep the house.
Are any of these liens strippable considering ex is on 1st/2nd deed with client, and on 3rd deed alone?
The post was migrated from Yahoo.