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A creditor is stating they are going to file a lien against my home with the clerk of court in my county. What happens when they do this? Can they then sell my home out from under me? This is not my mortage company, but a creditor.

gmakerley · Posted: Wed Jan 13, 2010 3:03 pm Post subject:

it's possible, once they receive a judgment in court, that the creditor could place a lien on the home. ultimately sell it? no...they'll then wait patiently for their money when you sell or refinance.

Guest

I got a judgement against me from a collections company after I was unable to pay any further on my account. How can an unsecured loan then result in them attaching themselves to our hom?

banker0679 · Posted: Sat Feb 06, 2010 6:40 pm Post subject:

any judgment won against you can put a lien on your home/property IF your state law permits it. All state laws are different

Guest

I have a person that moved from my property and abandoned their mobile home. Mortgage company is trying to sell the mobile home. How can I collect my rent?

Guest

I keep receiving a call from a law firm voicing they are going to put an attachment on my property . I have called them several times explaining that I do not know the person they are calling about who owes the money he does not live at my address and never has they keep voicing I am not being truthful. I have never heard of this person though he does have the same last name, can an attachment be put on my house

banker0679 · Posted: Sat Feb 20, 2010 8:39 am Post subject:

They can put a lien on the home if the person is on the title....otherwise they're lying

jokramer8 · Joined: 22 Feb 2010 Posts: 1 1.19 Dollars($)

Hi jameshogg,

I have the same situation as Julia, but reside in California. My name is not on the deed -- only my husband's name is. Is the law the same in California? I incurred my debts before I even met my husband.

Also, how can we check to see if there is actually a lien against he property? We were told that even if you go to the county registrar, not all liens will appear, until you actually go to sell the house. Is that true?

jameshogg · Posted: Mon Feb 22, 2010 10:18 pm Post subject:

Hi jokramer,

If your name is not on the property deed, then none of your creditors will be able to place a lien on the property. You should speak to your creditor and clarify the whole issue and ask him/her to remove the lien from the property.

You can engage a title search company who will help you in knowing whether or not there is a lien on the property.

Thanks

Guest

Does a Utah homestead exemption protect me from a collection agency placing a lien against my home (for a debt they claim I owe to an old landlord)?

jameshogg · Posted: Wed Apr 14, 2010 12:54 am Post subject:

Hi MikeB,

As far as I know, the homestead exemption will protect your property from a mechanics lien. As far as any other liens are concerned, I would suggest you to take an opinion from your attorney in this regard.

Thanks

gmakerley · Posted: Wed Apr 14, 2010 11:30 am Post subject:

james, that wouldn't be a mechanics lien at all. i don't disagree with your answer, primarily because i don't have all the facts on homesteading, but in all likelihood the lien in question would be a judgment lien.

Guest

I live in texas and i got a loan through a loan company and i cant pay it no longer i owe 1500.00 they told me that a constable will serve me and that we would go to court and thatthey would put a judgment on me for not paying can this actually happen

gmakerley · Posted: Mon Apr 19, 2010 9:26 pm Post subject:

by all means it can happen, rey. when you are sued, you will need to answer to the court, go to the hearing and plead your case. if you owe the money, the creditor will certainly obtain a judgment, but if you alert the court to your situation, the terms of repayment may be affordable for you. if you fail to pay according to the judgment, they would have the right to garnish your wages or grab funds from your bank account, if they can find it.

Guest

I have a delima. We got a mortgage loan on property in North Carolina and purchased a house in Wyoming. This all happened in August of 2008 and then the real estate market went south. We had plans to sell NC property to pay off mortgage, but have not been able to sell. We lowered price as low as we could go and still had no offers. My question is this: We are paying mortgage insurance if we default on the loan what can the mortgage company or the insurance company do as far as the Wyoming home goes. I am being forced into retirement and cannot pay the mortgage and the the loan on the Wyoming property that is owner financed. I would just like to know if my personal property is safe other than if we sell any personal property.

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Can creditors put a lien on personal property?