Phoenix Lien Avoidance Attorneys
Assisting Arizona Debtors With Lien Avoidance
A lien is a legal claim against a property that can be used as collateral to repay a debt. Simply stated, it is a legal tool used by creditors to help ensure they are repaid. Liens can be attached to real property or personal property. For example, if you own a home, your mortgage lender has a lien attached to the property until the balance is paid in full.
A creditor that sues a debtor for nonpayment may receive an abstract of judgment, also known as a judgment lien. The creditor can attach the lien to the debtor’s real estate by recording the judgment with the county recorder in the county where the property is located. The judgment lien is valid for ten years and will remain attached to the property even if the property changes hands. The creditor can renew the judgment indefinitely.
If a creditor is attaching a lien to your property, it is in your best interests to speak with an experienced Phoenix lien avoidance attorney by calling Hilltop Law Firm at (602) 466-9631.
A creditor’s ability to collect is affected by certain factors, including:
- An untouchable amount for a homestead exemption if the property is the debtor’s primary residence
- Other liens that may be attached to the property
- Foreclosure by the mortgage lender
- Bankruptcy proceedings
How Can a Phoenix Lien Avoidance Lawyer Help?
If you are facing a lien on your property, our experienced Phoenix debt relief attorneys can assist you by negotiating with creditors on your behalf and exploring options for lien avoidance. We are well-versed in the legal process and have extensive experience negotiating with creditors. Having our firm represent you can give you a better chance of obtaining the most favorable outcome, as well as the peace of mind of knowing you have skilled and knowledgeable legal advocates in your corner.
What Are the Different Lien Avoidance Strategies?
Our lien avoidance strategies will depend on the circumstances of your case. They may include:
- Challenging the validity of the lien
- Negotiating a settlement with the creditor
- Filing for Chapter 7 or Chapter 13 bankruptcy
A judicial lien can be avoided in bankruptcy if it impairs the value of an exemption to which the debtor is entitled. Examples of such exemptions include equity in a vehicle and in a property that is the debtor’s primary residence.
What Types of Property Are Exempt from Liens?
Arizona has some of the broadest bankruptcy exemptions in the U.S. They include:
- Motor vehicle exemption – up to $15,000 in vehicle equity
- Homestead exemption – up to $400,000 in home equity
- IRAs, 401(k)s, and 529 college savings accounts – 100%
- Social Security benefits, Veterans Administration disability benefits, unemployment benefits, and government pensions –100%
- Personal property – up to $15,000 of clothing, appliances, electronics, furniture, and other personal property for individuals; and up to $30,000 for married couples
Our experienced Phoenix bankruptcy lawyers are well aware of the exemptions allowed under Arizona bankruptcy law. If you file for Chapter 7 or Chapter 13, we can help protect your exempt property from seizure by creditors.
Legal Help Dealing With the Challenges of Liens Against Your Arizona Property
It can be a difficult situation when creditors have obtained judgments against you and attached liens against your property. Not only are you facing the potential loss of the property, but you’re also dealing with the emotional stress of the situation. Our experienced Phoenix lien avoidance attorneys can recommend the best debt relief solutions in your situation and take action on your behalf to implement them. Having skilled legal representation can mean a better outcome and greater peace of mind.
If you need Arizona lien avoidance advice, contact Hilltop Law Firm at (602) 466-9631 to schedule a free consultation. We can explain your options under the law.