Can a lien be put on my house if I file bankruptcy? I only receive social security as income and a small,$69.56 monthly pension? A private lender (a prior acquaintance,not a financial institution) is threatening to place a lien against me(not my daughter),on my new home for a previous promissory note I had on her mobile home.I was financially forced to abandon the mobile which has been returned to her. I remodeled the home ($30,000 )and it is greatly improved and returned in great condition. The lien would be for past rent and utilities I was unable to pay. My daughter and I co-own my present home, and she is the primary on the loan. She is disabled and I am her caregiver.

Can she place a lien? Any advice would be greatly appreciated. Would filing a Homestead declaration be advisable? Thank you.

Heck no. If you file bankruptcy, any such action would be automatically stayed. She tries anything like that and she will face severe sanctions.

She would have to sue you and get a judgment first. Assuming you haven't filed bankruptcy by then, the judgment can become a lien.


Maybe. I am not an expert on homestead declarations, because they are not needed in my jurisdiction. I would think this can wait until if and when she gets a judgment, but I am not sure. Perhaps someone else will address this part of your question.

Thank you so much for clarifying some of my dilemmas! I have one more question to ask. Before I do that , I want to say that I had every intention of paying this woman. My daughter became very ill and had to move in with me, which added her huge medical expenses, causing me to fall further and further behind. She was a trauma nurse (R.N.)before she developed a very rare auto-immune disorder which has left her disabled. This woman harassed us constantly,screaming and banging on our door.She took pictures of my daughter on the rare occaision when she could walk outside. She was attempting to prove to whomever that my daughter was not disabled.She even enlisted a neighbor to help with this (we caught him sneaking through our bushes with his camera).

My question is: could I quit claim my interest in our mobile to my daughter, to prevent bankruptcy or a lien? Is she really able to place a lien if my daughter is the primary on our home loan? Is disabled? We hope to avoid bankruptcy. Thank you in advance for your advice.It is very much appreciated, and helpful. I am anxious to hear what you have to say.
Gratefully, Nannn

No, you can transfer but if they prove you did it only to hide it, not only can they still do it, they could even try to have you charged with fraud.

First, I merged your two threads. If you want to ask a follow-up or add info, please use the Answer options below rather than start a new thread.

As noted, she would have to file suit against you AND obtain a judgment before she can file a lien. She might be able to file a lien against your share of the property. But a lien is an encumbrance placed on property to prevent its sale until the lien is satisfied. So placing the lien means only that you have to pay it off before you can sell.

How much did you owe on the promissory note? What was the appraised value when you turned the mobile back over to her?

As for transferring the property solely to your daughter, if it can be proved that this was done to avoid a debt, it could be considered fraud.

As I already told you, no, she isn't able to just "place a lien". She would have to get a judgment first. And anyway, as someone else told you, a lien only means that if you sell it they will get paid first.

You do understand that voluntary bankruptcy isn't something bad that happens to you? (Involuntary bankruptcy is as rare as hens' teeth.) You choose to file a petition for protection in bankruptcy court to keep creditiors from taking your property.

THANK YOU, THANK YOU, THANK YOU! My daughter and I appreciate your guidance more than you know. What a wonderful website, and especially what a terrific service you are providing. You have really helped us with our questions and concerns. The legal system is very difficult to navigate, and many of us receive conflicting advice from friends and neighbors who don't know the back roads and quicksand that awaits an uninformed person. Many of us are struggling just to keep our heads above water and cannot afford to hire legal counsel. Your knowledgeable guidance is priceless. Thank you again, from the bottom of my heart.
Gratefully, Nannn

Thank you for your kind words. Too often we never learn whether we helped or not. Its posts like yours that make our efforts worthwhile.

Please stick around, you may find members you can help or discussions you can join in,