I have a short sale that is part of a bankruptcy that was settled a couple of years ago. Neither lien on the property was ever reaffirmed. I live in Washington State which is a community property state.

My first lien is being paid in full though which helps this situation greatly.

The second lien will be receiving over 40% of what is owed them. Both borrowers (husband and wife) have their name attached to the loan on the second lien however only one of the borrowers were part of the bankruptcy where the lien was never reaffirmed.

My question is: does the second lien still have the right to come after the borrower who wasn't part of the bankruptcy? My belief is that yes they do...they just can't come after the person who was on the bankruptcy. My seller's bankruptcy attorney from 2 years ago seems to have guided them to the belief that they were both protected after the bankruptcy even though only one of their names was on it.

I've asked them to seek a second opinion. I spoke with my company's corporate attorneys and they seemed to agree with me but I figured I would also post here to see if anyone has experience with this as well...and to tell the story as this is a simple mistake that many borrowers involved in bankruptcy would miss that could come to haunt them in the future.

I'd be interested in hearing other people's experiences with bankruptcies involving one borrower when both are on the loan in community property states.