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Can CC company put a lien on our home?

Posted on: 26th Feb, 2009 06:26 am
I have defaulted on a credit card debt ..My husband does not know about this..It has been 4 months since I paid them. We are both on SS and own our home outright..His name is NOT on the credit card and AR is not a community property state..Can the cc company put a lien on our home or freeze our checking account? Thank you so much..I need advice badly and cannot afford a lawyer..
Hi cate,

A creditor can place lien on the checking account if the court passes a judgment in favor of the creditor.

Thanks
Posted on: 29th Jul, 2009 12:22 am
yes, they can go to court and get a judgment which orders you to make payments. if you fail to make payments, they can then request from the court an execution that can be used to take funds from your bank account(s). they can also request a wage execution which would take the funds from your wages.
Posted on: 29th Jul, 2009 08:59 am
Can a credit card company put a lien on your account twice if they did not receive the full balance the 1st time? What if you have changed banks since the 1st lien? Do they have to go through the entire process again with getting a new judgement before placing a lien on your new account at another bank? Can they put a lien on a savings account?
Posted on: 29th Aug, 2009 04:43 pm
Hi cort!

Welcome to forums!

As far as I can understand, the credit card company can place a lien if they did not receive the whole amount. In order to place a lien, the creditor will have to get a new judgment. Yes, your credit card company can place a lien on your savings account.

Feel free to ask if you've further queries.

Sussane
Posted on: 30th Aug, 2009 09:45 pm
once a judgment is issued there is no need for a creditor to go back and request a second judgment. if a borrower fails to abide by the terms of a judgment, that creditor can seek an execution against wages or against a bank account. if it's bank account, and there's not enough in the account to satisfy the debt, the sheriff (or other court official with that responsibility) can go back as often as is needed to pay off the debt.

if a person changes bank accounts within the same bank, the monies can be had from the new account just as easily as the old.
Posted on: 31st Aug, 2009 10:00 am
Can a credit card company put a lien on a mobile home that I own? It is in my moms name and my name. She just recently passed away. I have the clear title papers. In Mi .. it is just like owning a car from what I understand.
Posted on: 02nd Sep, 2009 12:42 pm
Hi Research!

Welcome to forums!

A credit card company can place a lien on your mobile home. However, they will have to file a lawsuit against you and get a judgment in order to place the lien.

Feel free to ask if you've further queries.

Sussane
Posted on: 02nd Sep, 2009 08:42 pm
i question the possibility of liening a mobile home in this case, though. inasmuch as it is a titled "vehicle" and not real property, it occurs to me to be an extraordinary stretch for a creditor to place a lien.

inasmuch as this is a michigan situation, i'd think the best thing to do to get an answer is to discuss it with the michigan motor vehicle department.
Posted on: 03rd Sep, 2009 06:20 am
Thank you both very much for your quick response. I also have considered the idea of transferring the title into an LLC if that would possibly prevent this from happening. I sent an email to the Secretary of State asking if a lien could be placed on my mobile home. Im not so sure an LLC would remedy the situation if it could apply to me... however I have to look at other ways to deter this situation before it takes place.
Posted on: 03rd Sep, 2009 08:49 am
My mom left me her home, it is paid for. We have 2 judgements against us for credit card debt and a bank loan. If we try to get a reverse mortage will these judgement show up.
Posted on: 22nd Sep, 2009 10:01 am
in doing title, the judgments would show up, yes. if there are judgment liens that sprang from those judgments, they'd probably have to be paid off. if there are no liens, you might not have to repay them in order to obtain the mortgage.

honestly, it's up to the individual lender.
Posted on: 22nd Sep, 2009 10:22 am
If I have a credit card judgement against me, and my husband has a home that is paid for, in his name, if we do a reverse mortage, will the judgement come up against his house.
Posted on: 22nd Sep, 2009 05:00 pm
Hi Guest,

If your name is included in the property deed, then the credit card company can place a lien on the property due to the judgment. If your name is not included in the property deed, then the property would be safe and your creditors cannot place a lien on it.

Thanks
Posted on: 22nd Sep, 2009 09:08 pm
I'm in a similar position, elderly, already got a reverse mortgage 5 years ago, which was great, but have since gotten slowly in credit card debt due to home repair emergencies & medical emergencies/bills. Can you please correct me if I'm wrong: The worst the credit companies can do to me is get liens on my house that will sit until I die, after which they'll get behind the line headed by my mortgage bank? I.e., I can't be kicked out of my home even if those debts go delinquent to the extreme? I'm very depressed about this, since I can't get an answer from anybody. THanks!
Posted on: 13th Dec, 2009 12:02 pm
louise, i think you've covered it, there. liens that may be created by credit card companies, medical bill collectors, etc. are not at all likely to be elevated to a point of foreclosure. as you said, those liens will sit until death or sale of the home, at which time they'd be satisfied.

please try to avoid the stress of worrying about them - i know it's unpleasant to know that there are creditors out there chasing after your money, but they're so unlikely to take any real action that it's not worth your sanity.
Posted on: 13th Dec, 2009 09:40 pm
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