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Can I put a lien on a property for money she owed me from defaulting on a home loan?

Business 2 views 2 answers
I sold the house to her in 2006....she filed bankruptcy in August, 2012. I foreclosed and it didn't sell at auction on Sept. 17, 2012. I am out over $10,000 in Foreclosure Fees, Attorney Fees, back taxes, and other expenses. Do I have any claim? Can I file a lien on the property she currently is living? The property is in Sun City West, AZ and I just sold it......closes on Friday Oct. 12th. She lives in Surprise, AZ.

Attorney Answers

2
Robert A. StumpfBankruptcy AttorneyStaten Island, NY ·
No. You cannot go after her personally at all if her bankruptcy case was discharged, the only thing you retain is your interest in the property itself. The point of her bankruptcy was to wipe out her personal responsibility to pay you (and her other creditors, of course).
0 upvotes
Stephen Trezza ·
Arizona is a non deficiency state and the loan proceeds were purchase money so since you foreclosed her right to redeem via trustee sale you can not attempt to collect the decency.
0 upvotes

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