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GG1420 · Feb 22, 2014, 11:34 PM

I am a 70 year old person wanting to sell my home in a short sale and have liens on it. My main problem is these liens were put against me in my working days and now my income has changed and I only live on Social Security now. How can I go about getting these liens off - credit card liens?

tickle · Feb 23, 2014, 03:11 AM

You can't remove the leins. They will be paid off when you sell your house.

ScottGem · Feb 23, 2014, 06:12 AM

Pay off the loans. If you don't pay them off prior to closing, then at the closing, all liens will need to be paid off by the proceeds of the sale. But here comes the kicker. You said you are going through a short sale. If so then there won't be any proceeds. But it may also mean that ALL the lienholders must approve the short sale.

I'm assuming that you had a title search done that revealed the liens. You should ask the title company how the secondary liens are treated in your case. Its possible you have to get their permission for the short sale or, because they are secondary lienholders, it may not be required. That depends on local laws.

GG1420 · Feb 23, 2014, 11:18 AM

Thank you for taking the time to respond with the valuable info that you shared with me.

GG1420 · Feb 28, 2014, 04:45 PM

One member suggested contacting the Title company, I am wondering can the Title company resolve my short sale of my home with liens on it, I mean, I cannot pay these liens off because I am on Social Security and do not have any monies to pay these liens off. I am considered very poor as I don't have any earned income so there I don't even file income tax. How can a person in my situation, besides walking out, get a house closing on this home.

Help is totally appreciated, if anyone has any ideas.

Advance thank you for your time.

ScottGem · Feb 28, 2014, 05:00 PM

First your threads were merged, please keep all questions relating to this issue in this thread.

The title company can tell you what I said, the law with respect to those liens. As I explained to you, If you are doing a short sale, you probably don't have enough equity to cover all the liens so the secondary liens will go begging. The question I don't know is if they can block the short sale.

talaniman · Feb 28, 2014, 05:06 PM

Are you facing a foreclosure? Is bankruptcy an option? Is this short sale thru a real estate agent? Lawyer? What state are you in?

http://www.ehow.com/how_12016975_com...old-short.html

Fr_Chuck · Feb 28, 2014, 06:19 PM

At a short sale, if there is a 2nd loan, or other liens and they are not going to receive any money, they will normally have to sign off, to allow the sale. It is doubtful they will do so. But the agent doing the sale, can attempt to get this done

ma0641 · Feb 28, 2014, 07:39 PM

Unfortunately, debt incurred is debt owed. Just because you only have SS doesn't mean the loans are forgiven. When the house is sold, liens will be satisfied and remainder, if any due to a short sale, given to you at closing.

GG1420 · Mar 2, 2014, 01:57 AM

I live in Illinois and my home is through a real estate person. I did file Chapter 13 for awhile but quit when my house flooded and we had to move out into a motel for 2 weeks. I do not live in a flood zone. My home is the only one that floods in my area. I live on a slab and when the house floods the water rises throughout the whole house. At one time 2 feet had been cut out of the walls so they could dry with fans and heat. Today, after replacing them twice I now leave them cut off as more flooding with occur when all of our snow melts. All the floors had to have carpeting gone and now we have tile on the floors which makes it very cold and damp in the house, the house is a brick ranch and the brick holds dampness. This is why I am trying to get out. The person who buys the home needs to buy it 'AS IS'.

joypulv · Mar 2, 2014, 03:50 AM

The buyer has to be willing to pay off all debts, including liens, property taxes, and mortgage, as well as taking the house as-is. If liens total more than anyone is willing to pay, you might as well just let the foreclosure happen, and apply for senior housing. And since that has a waiting list, start now. You say 'we' so you could walk away and get a tiny apartment for a while.

Not sure where you get the idea that you can rack up credit card debts and then get rid of them just because you are on SS?