Is it possible for a second to be discharged without filing bk.?
Answer
It's hard to tell exactly what you're asking from this briefly-stated question. As a partial answer, I'd start by saying sure, because someone can be in bankruptcy without filing it himself, i.e., it can be an involuntary bankruptcy. To go further, we'd have to ask what you mean by 'discharged.' 'Discharged' is a term that is usually associated with bankruptcy, although I can think of some situations where a second deed of trust might be removed from a property by means that might be termed a 'discharge' but which were not connected with a bankruptcy proceeding, including the borrower paying it off, an assignment for the benefit of creditors, a receivership, maybe some contractual reason why the secured party's lien disappears, and on and on. So, all in all, I think you should re-ask your question to include considerably more detail as to the circumstances.
No comments:
Post a Comment