Estate Is in rem. So long as other requirements to avoid are met, can likely avoid.
Sent from my iPhone
On Apr 21, 2011, at 8:04 AM, "Stella Havkin" wrote:
> Debtor held unrecorded title to the property for many years, paying on the mortgage etc. Her alleged friend held bare title to the property not paying anything on it or living in it. The legal title owner before the debtor recorded her interest, let his girlfriend record a fraudulent lien on the property about 8 months ago. Debtor then recorded her title to the property after the fraudulent lien was recorded. Can I avoid the lien?
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Steven B. Lever
> Sent: Thursday, April 21, 2011 2:05 AM
> To:
cdcbaa@yahoogroups.com
> Subject: Re: [cdcbaa] avoiding a lien
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> Is it a voluntary or involuntary lien? It may also help to give dates and other facts of how the debtor obtained the interest in the property.
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> Sent from my iPad
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> On Apr 21, 2011, at 8:27 AM, "Stella" wrote:
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> Can a debtor avoid a lien on a real property in which she has an interest if she is not the obligor on the loan? I always thought that because the real property comes into the bankruptcy estate under Second 541, the debtor has a right to avoid liens against the property. Am I wrong?
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> Stella Havkin
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Estate Is in rem. So long as other requirements to avoid are met, can likely avoid.Sent from my iPhoneOn Apr 21, 2011, at 8:04 AM, "Stella Havkin" <
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