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Does Bankruptcy Automatically Remove Liens and Mortgages?

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No, filing bankruptcy won’t automatically remove a lien or mortgage.  Liens can be placed on a debtor’s property in many different ways.  Some are by agreements, like mortgages and auto liens.  Others are by operation of law, like property tax liens on a debtor’s home.  And some liens are to enforce judgments that have been entered against the debtor.

Certain liens can never be removed in a bankruptcy case except by paying the underlying indebtedness, and others can only be removed if special action is taken in the bankruptcy case.  So, if a debtor has any question about liens on his or her property, these matters should be discussed with an attorney.

John Rogers


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