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Home > Money & Services > Bankruptcy & Debt   »   credit card debt

 
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Old May 16, 2006, 04:12 AM
clarkemrt
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credit card debt

can a credit card company clam from your house ?

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Old May 16, 2006, 04:23 AM   #2  
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Please have a look at this thread, it may help:
http://www.askmehelpdesk.com/credit/...use-24876.html
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Old May 16, 2006, 04:51 AM   #3  
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Hi,
No, they cannot claim your house.
They can, however, have a lien put on it, so if it's if ever sold, they get their money.

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ScottGem disagrees: Generally A lien can only applied to real property by a debtor where the property was used to secure the debt or where work was done on the property (mechanic's lien). Unsecured debtors (like CC) usually can only attach cash assets.
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Old May 16, 2006, 05:00 AM   #4  
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hi fredg
thanks i did not think thay could get there hands on it ,
its my brothers debt it will be a long time before i sell thanks clarkemrt
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Old May 16, 2006, 05:51 AM   #5  
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First, as Curly pointed out this issue has been discussed several times. You might consider searching the boards before posting a question. Frequently you may find the answer already posted in a previous thread.

Second, the other answer you got is only partially correct. Its true that a creditor (other than the one holding the primary mortgage) cannot seize a primary home for a debt. However, there are limits to who can attach a lien to a home. Generally, the only debtors that can do that are those granted a mortgage by the owner and those that did work on the property (referred to as a mechanic's lien). Credit card companies have unsecured debt therefore they cannot put a lien on real property only cash assets.
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Old May 16, 2006, 05:58 AM   #6  
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yes thanks scott it helps a lot thanks again
clarkemrt
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Old May 16, 2006, 06:01 AM   #7  
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Quote:
Originally Posted by scottgem
they cannot put a lien on real property only cash assets.
Are you saying that in no case can an unsecured creditor with a judgment be granted a lien on real property? If so, is there a source citation we can see?
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Old May 16, 2006, 06:01 AM   #8  
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I will agree with Scott, the only time I have seen them allow credit card debt to put a lien on a home when the credit card company showed proof that part ( I do not not know what part or percent it was) of the credit card debt was used to home improvements or to make house payments.

ie, if you were making house payments using the credit card, or if they can prove alot of home improvement materials ( lumber yard bills) they could try. But basicly they want money, not a lien on a home they may never see money from or would not see in 20 years. ** and while this would be possible, I have only even "heard" of a few cases and I am not usre I really beleiveed they did it.

They will always try to attach money in the bank accounts, checking accounts, and put a garnishment on paychecks.
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Old May 16, 2006, 06:11 AM   #9  
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Quote:
Originally Posted by rickj
Are you saying that in no case can an unsecured creditor with a judgment be granted a lien on real property?
As far as I know, the answer is Yes. A lien is not granted against real property unless that property is used as collateral for the debt or in the case or a workman doing work on the property.

Here's one cite, from Oregon that appears to bear this out:
http://www.osbar.org/public/legalinfo/1187.htm
Here's another, more general, site that is less clear in supporting my position but I beleive does support it.
Legal Definition of 'Lien'
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Old May 16, 2006, 06:15 AM   #10  
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Here, I read that an unsecured creditor can get a lien:
Rights of Unsecured Creditors

Scroll down to Collection of Judgments.

clarkemrt, apparently this varies from state to state. What state are you in?
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