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Home / Opinion Digests / Bankruptcy – Homestead Exemption – Lien Avoidance (access required)

Bankruptcy – Homestead Exemption – Lien Avoidance (access required)

A debtor who was upside-down on her mortgage and didn’t take a homestead exemption in her real estate nevertheless can avoid a judicial lien in favor of claimant credit union, says a Harrisonburg U.S. District Court in this case of first impression. Debtor recorded a homestead deed under Va. Code § 34-4 in which she claimed ...

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