In most all cases, yes. Exceptions include: the judgment was entered as a result of fraud, is a federal tax lien, or there are other special circumstances.
Contact a bankruptcy lawyer or pro bono legal service for details on your specific situation.
Sure
The creditor would have problems enforcing a lien if the debt was included in the bankruptcy. If they were paid off, investigate further. If they were not included, then the lien may be valid.
You need to start off by talking to your bankruptcy experts. They should be able to help.
Your bankruptcy lawyer.
Pay off the lien.Pay off the lien.Pay off the lien.Pay off the lien.
Yes
The lender will require that the lien be paid off.
If her name is on a loan that you file bankruptcy on than she would then be responsible for that loan. Filing a bankruptcy only gets your name off the loan(s), you would both need to file together.
Sure. But if there is a lien against the property, it would be sold to generate the money to pay off the lien, even in bankruptcy. The lien secures or ties the debt to the property. If the amount generated doesn't pay off the debt, that amount becomes an unsecured claim in the bankruptcy and any other asset sold can be used to pay it off. Then if there is nothing else that can be used to pay your debts, and you still owe, the court may reduce or eliminate the rest.
If the property is jointly titled it would have to be retitled according to state statutes. If a lien has been placed against the property the property cannot be retitled, sold, or refinanced until the lien is satisfied.
You would probably be better off refinancing your mortgage first and then applying for bankruptcy later on. My mom had to file for bankruptcy due to credit card debt she could not pay.
Home equity Loans and Investment properties both come with high Interest Rates. However, if you were to claim bankruptcy with a rental property they would take the rental property and you can keep your home. Homestead law. On the other hand, if you file bankruptcy and have a second lien on your home you are still liable for payment and they would still take you rental property to pay off debt. (If their attorney is smart.) Depends on how stable your income is and if you have a chance of ever claiming bankruptcy. Ask yourself how big of a risk it is to get this investment property?