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Community Property and Liens



An FHA loan was granted for the purchase of a home in 2009 when 1st time buyers were given the $8000 tax credit. The primary income earner (husband) had (has) a lien against him, but the property has been placed in the name of his spouse.

In addition, the primary income earner had not been out of Chapter 7 at the time of the loan. Should the primary income earner's circumstances have been noted on the loan application? Because this is a community property state, will the mortgagee need to be advised of the lien?

=======ANSWER======

Hello,

This is a good question, however I am not qualified to give out legal or tax advice.

I will have to encourage you to seek professional help on this one.

Kind Regards,

Jeff

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