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Can creditors put a lien on personal property?

Can creditors put a lien on personal property?

jokramer8's picture
jokramer8 | Joined: February 22, 2010 05:30 pm | Posts: 0 | Location: New Jersey | 00 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?

Like | Dislike | Share | Posted: Mon, 02/22/2010 - 17:48 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Rimmer, who is "they"? You own the property free and clear now, though subject to the provision that you build. Owning it would seem to give you a particular position of strength.

I have to ask if you had legal counsel when you made the purchase, and if you did, are you still in contact with the lawyer. That would be the best source of an answer to your query; by the same token, even if you didn't have legal advice then, it's not too late to obtain some.

So, either speak with your lawyer or go find a lawyer who can answer the tough questions in your deal.

Like | Dislike | Share | Posted: Mon, 04/18/2011 - 19:22

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My mother is in assisted living and I moved back home to be near her.I got behind last year on the butane bill and they refused to give me more gas so I changed butane co. I live in Texas and I have a outstanding bill with them that I have not been able to pay off. They are threatening to garnish my wages or a judgment . I don't really know what they can do. What happens when they take you to court. I only own my car and I am a self-employed sales rep. The house belongs to my mother.

Like | Dislike | Share | Posted: Tue, 08/30/2011 - 17:57 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Wed, 01/13/2010 - 10:13 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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)?

Like | Dislike | Share | Posted: Tue, 04/13/2010 - 20:50 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hello, first of all thank you for your help. My question is my brother was a consigner on my house loan so that I could get the loan, however last month he signed a quit claim on the deed. He recently had to go overseas and he can't come back for a few years and therefore he can't pay his credit debt. I was wondering can the creditor put a lien on my house even though I have a quit claim from him.

Like | Dislike | Share | Posted: Thu, 12/09/2010 - 22:12

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Sophia!

Welcome to forums!

A lien cannot be removed from the property. However, if you include it in your bankruptcy filing, then you won't be personally liable for the payment.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 09/27/2010 - 22:56

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi vaso,

The creditor can place a lien on the jointly owned property. Whenever you try to sell off the property, you will have to satisfy the lien first.

Thanks

Like | Dislike | Share | Posted: Thu, 11/19/2009 - 21:41

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 04/19/2010 - 16:03 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Angel,

The creditor can place a lien on the property in order to recover the dues if your boyfriend's name is mentioned on the property deed. As far as wage garnishments are concerned, the lender will go ahead with it only if he finds that there is no other means to recover his dues.

Hi Rose,

Creditor can place a lien on a mobile home though it is located in a park. However, in order to do so, the creditor will have a file a lawsuit and get a judgment against the borrower.

Thanks

Like | Dislike | Share | Posted: Sun, 06/27/2010 - 21:22

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Agreed...judgments are only handed out by courts of law.

Like | Dislike | Share | Posted: Wed, 11/17/2010 - 12:08

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I bought a car in 2005 for 12,000 I paid 18,000 in 4 years, my husband got sick I told the loan company I could not afford it to come and get it, they did. Now can they put a lien on my house and take my house?

Like | Dislike | Share | Posted: Fri, 12/07/2012 - 12:45 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I own a property in CA and one in GA. Each are governed by separate motgages in each state, but by the same mortgagee bank. I am unable to sell the CA and therefore opted for a deed in lieui of forclosure. I plan to hand the keys over to the mortgagee and then relocate to GA. My GA mortgage is up to date but the CA one is not. If the mortgagee bank sells the CA propperty can they sue me for the balance of the debt and then obtain judgement to place a lien on my GA property, which is governed by a separate mortgage contract?

Like | Dislike | Share | Posted: Mon, 07/05/2010 - 22:11 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

contracted on july 13, 2011 for a roof. as of 10/26/2011...no roof, no nothing.company "trying to get our money back to us" in 30 days. what about a lien on them after that time??

Like | Dislike | Share | Posted: Mon, 10/31/2011 - 22:44 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest,

As far as I know, after the property is sold off, the mortgage lenders will get their dues. Then, those creditors who have placed liens on the property, will be able to claim their dues from the home owner.

Thanks

Like | Dislike | Share | Posted: Sun, 12/25/2011 - 23:17

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I'm afraid Lydia's answer is too simplistic. In order for you to file a lien, you'll need a judgment in court. Having an agreement in place isn't relevant here. Unless you have a document that grants you a lien, you can't arbitrarily place one. Her second thought, about obtaining a judgment, is more appropriate to your situation.

Like | Dislike | Share | Posted: Mon, 05/10/2010 - 10:49

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Fri, 02/05/2010 - 18:00 | Post subject:

banker0679's picture
banker0679 | Joined: November 15, 2007 10:05 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Sat, 02/06/2010 - 17:40

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

i have a question ? I live in california and i have a lien on my property from a cable company in the amount of $20,000 because it has to due with a worker from the cable came to my house and found a cable box which is known to be "black box" . They said i had it illegaly but i didnt and i need it to pay them a fine of $10000. so now it has increase and they placed a lien on my property ! What should i do to protect my property and to remove the lien judgement ?

Like | Dislike | Share | Posted: Fri, 09/17/2010 - 21:09 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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 [url=http://www.mortgagefit.com/refinance.html]refinance[/url].

Like | Dislike | Share | Posted: Wed, 01/13/2010 - 14:03

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Brysonite,

In order to garnish your wages, the creditor will have to file a lawsuit against you and get a judgment. You will receive a summons from the court and you need to give a reply to the same. You can contact an attorney and he will assist you in this matter.

Thanks

Like | Dislike | Share | Posted: Tue, 08/30/2011 - 23:00

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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?

Like | Dislike | Share | Posted: Mon, 02/08/2010 - 09:10 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Victoria,

Unless you pay off the lien, you won't be able to make your property free and clear. You should negotiate with the cable company so that they reduce your late fees or any other fees so that it becomes affordable for you to pay off the lien.

To stella,

You can contact your creditor and surrender your property to him. He will repossess the car and can come after you for the deficient balance after he sells off the property. If you're unable to pay off the deficient balance, then he can assign your account to a collection agency.

Thanks

Like | Dislike | Share | Posted: Mon, 09/20/2010 - 00:22

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Brysonite!

Welcome to forums!

If they file a lawsuit against you and file a judgment, then they will be able to garnish your wages. If they get a judgment, then they will be able to even place a lien on your house. If you do not show up in the court, then your creditor will get a default judgment against you.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 08/31/2011 - 21:07

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

hi, my husband has 2 judgements against him. One is the Maryland State Tax in the amount of $1,500 and the other is a reposession of $14,000. Can they put liens on the vehicle we have with both our names on it, and also put a lien on our joint bank accounts? I need to know this answer. Concern spouse. :(

Like | Dislike | Share | Posted: Sun, 04/03/2011 - 06:07 | Post subject:

gmakerley's picture
gmakerley | Joined: November 9, 2007 07:36 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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.

Like | Dislike | Share | Posted: Mon, 04/19/2010 - 21:26

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Tameka!

Welcome to forums!

Your query has been replied to in the given page:
http://www.mortgagefit.com/problems/lien-landlord-mobilehome.html

Take a look at it. I hope it'll help you.

Sussane

Like | Dislike | Share | Posted: Thu, 11/04/2010 - 23:33

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi craig,

As the judgment was filed prior to the [url=http://www.mortgagefit.com/home-equity.html]home equity loan[/url], the judgment will be the first lien on your property. The home equity loan will be subordinate to it.

Thanks

Like | Dislike | Share | Posted: Fri, 09/03/2010 - 00:03

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

we have a 600.00 car payment which we can no longer affort...due to a decrease in our finances. We need to give it back to the bank...what can we expect from this.

Like | Dislike | Share | Posted: Sat, 09/18/2010 - 10:24

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

My fiance and I are purchasing a home. I am the one getting the loan for our house and want to put him on the title. If he has any outstanding debts could a lien be put on our property if he is only on the title? Thanks

Like | Dislike | Share | Posted: Wed, 07/07/2010 - 12:39 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I was told hat i had a summary judgement against me without being notified. the creditor all ready placed a lein against my house and now
have a lein against my car how many leins can one ceditor put against you for the same debt? i live in georgia

Like | Dislike | Share | Posted: Fri, 10/29/2010 - 22:31 | Post subject:

adonis's picture
adonis | Joined: October 22, 2005 05:04 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Welcome Bubbles,

Your query has been replied to in the given page:
http://www.mortgagefit.com/credit/wages-business-startup.html

Take a look at it. I hope it will help you.

Like | Dislike | Share | Posted: Mon, 11/14/2011 - 22:25

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

James , can they garnish my wages if I am self employed? Also the house is in my mothers name but it is her property the butane tank sits on and was used by me in the house. Can they put a lien on the house? Also what is the worst that can happen to me besides garnish wages or lien on the house?What happens if I do not show up, they have no information on me?

Like | Dislike | Share | Posted: Wed, 08/31/2011 - 15:48 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Wed, 04/14/2010 - 00:54

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi MaryAnn!

Welcome to the forums!

A debtor is a person who owes the debt. A debtor will not place a lien on his or her mobile home. If the debtor fails to pay off the loan, then his/her creditor will be able to place a lien on the mobile home in order to recover the debt in full.

Feel free to ask if you have further queries.

Sussane

Like | Dislike | Share | Posted: Mon, 08/12/2013 - 21:40

aramlopez2010's picture
aramlopez2010 | Joined: December 7, 2010 02:30 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

As I read a statute of limitations means that the creditors can't get a judgment after 5 years. They must sue within the five years. Judgments are good for an additional 10 years.

Like | Dislike | Share | Posted: Thu, 12/23/2010 - 03:27

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Can a debtor place a lien on a mobile home??

Like | Dislike | Share | Posted: Mon, 08/12/2013 - 09:35 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We just did modified our house and we don't have any intention of selling it. My creditors put a lien on my for a debt that only amounted to 1,800. I am paying it but recently made abscense and late. Why did they do that?

Like | Dislike | Share | Posted: Mon, 01/10/2011 - 00:16 | Post subject:

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

this is a local company w/ 20+ years in our town.

Like | Dislike | Share | Posted: Mon, 10/31/2011 - 22:46 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Catherine!

Welcome to forums!

Creditors can place a lien on your personal property if they have received a judgment for the same. As a lien has already been placed on your property, you should pay it off in full and get a lien release certificate from the creditor.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Wed, 09/08/2010 - 22:41

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

my wife has a cc card judgment , can they put it on our house in Tennessee. or is it consider tenants by the entirety ?

Like | Dislike | Share | Posted: Sun, 03/27/2011 - 00:27 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Lesia,

If they have sold off the car and recovered the debts in full, then they can't place a lien on your property. Moreover, you should note that in order to place a lien on the property, they will have to file a lawsuit and get a judgment against you.

Thanks

Like | Dislike | Share | Posted: Sun, 12/09/2012 - 21:35

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi maria,

The creditors might place a lien on the vehicle and may garnish the bank account. However, in order to do any of these, he will have to file a lawsuit against your husband and get a judgment in that regard.

Thanks

Like | Dislike | Share | Posted: Sun, 04/03/2011 - 23:27

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

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

Like | Dislike | Share | Posted: Mon, 02/22/2010 - 21:18

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I have people who work for a company, and the owner just lost his contract...he owes workers money for wages and myself 6,000.00 for a business loan....how do I get the money to his crew for wages, he is still owed a chunk of money at the end of the month froim the comoany he is contracted to?

Like | Dislike | Share | Posted: Sun, 11/13/2011 - 07:11 | Post subject:

smith.sussane's picture
smith.sussane | Joined: September 18, 2008 09:57 pm | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi Guest!

Welcome to forums!

If your husband's name is on the property, then the creditor can place a lien on them if he wins the judgment. You can always negotiate with the credit card company so that they can give you a payment plan to pay off the dues. So, you should have a word with your creditor and check out if he can reduce your outstanding balance.

Feel free to ask if you've further queries.

Sussane

Like | Dislike | Share | Posted: Thu, 10/01/2009 - 23:04

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi kay,

If there is really an unpaid assessment, then they can come after you in order to recover the debts. They will be able to garnish your wages but they won't be able to go after your social security benefits. Also, in order to garnish your wages, the lender will have to file a lawsuit against you and get a judgment.

Thanks

Like | Dislike | Share | Posted: Fri, 06/03/2011 - 23:25

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

We bought our house 8 years ago and were told by real estate agent there was no property owners association. We do have to pay the adjoining mobile home park for water (well water), use of gate, roads, and recreation fee if we use any of their facilities. We live in residential community behind mobile home community (both having been developed by same person). There is absolutely no maintenance done on our property--we must do it all ourselves including lawn (each has at least 1 acre, trees, pool. There is no recreation, clubhouse, pool, nothing. Property owner association has to do very little --maintain part of lawn around main pond, maintain bulbs for 14 street lights, maintain sign coming in to community. They presently have $200,000 of the homeowners' money in banks because they collect each year more than they need. We are getting no benefit from this money sitting in banks and we have to keep up all proper maintenance of our homes. I don't see why they can ask for whatever money they want and not what they actually need. What do you say? Susan

Like | Dislike | Share | Posted: Sun, 09/26/2010 - 09:28 | Post subject:

jameshogg's picture
jameshogg | Joined: December 20, 2005 02:58 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

Hi cjb,

You may be able to place a lien on them provided you file a lawsuit and receive a judgment against them from the court.

Thanks

Like | Dislike | Share | Posted: Tue, 11/01/2011 - 22:15

Anonymous's picture
Anonymous | Joined: June 8, 2004 01:06 am | Posts: 0 | Location: New Jersey | 00 Dollars($)

I filed bankurptsy discharge a year ago. I kept his truck he uses for work both our names on it. Now he had it repo, can they still come back on me for anything. I have a mortage on my home for21 more years.
His name is not on the house as he was previously married when I bought the house. can they sherrif sale anything. Pennsylvania

Like | Dislike | Share | Posted: Fri, 12/10/2010 - 15:29 | Post subject:

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